Know Your Rights
- Right to life: Section 33(1) of the 1999 Constitution of the Federal Republic of Nigeria 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 offence of which he has been found guilty in Nigeria
- Right to dignity of human person: By virtue of Section 34(1) of the CFRN, every individual is entitled to respect for the dignity of his person. However, a person shall not be subjected to slavery, torture or to degrading treatment.
- Right to personal liberty: By virtue of section 35(1) of the 1999 constitution, “Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law.” Lord Denning observe that the right to personal liberty means: “the freedom of every law abiding citizen to think what he will, to say what he will on his lawful occasions, without let or hindrance from any other person.
- Right to fair hearing: Section 36(1) of the CFRN state that, “In determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality”. Whenever reference is made to, or demand is urged for, the enforcement of fair hearing, it translates to the principle of natural justice, “Nemo judex in causa sua (no person shall be a judge in his own cause)”, and “Audi alteram partem (Hear the both side of the party)”.
- Right to private and family life: As stipulated in section 37 of the CFRN, “the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected”.
- Right to freedom of thought, conscience and religion: Section 38(1) of the CFRN state the “Every individual of a country is entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance”. However the exception for this right is provided in section 38(4) of the CFRN restricts any person to form or take part in the activity or be a member of secret society.
- Right to freedom of expression at the press: It is pertinent to note as provide in section 39(1) of the CFRN, “every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference”.
- Right to peaceful assembly and association: By virtue of section 40 of the CFRN, every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests provided that he/she shall not derogate from the powers conferred by the constitution on the Independent National Electoral Commission with respect to political parties to which that commission does not accord recognition.
- Right to freedom of movement: As it is stipulated in section 41(1) of the CFRN, every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit there from. Notwithstanding section 41(2) (a) of the CFRN one who has committed or is suspected to have committed a criminal offence is restricted/prevented from leaving is country.
- Right to freedom from discrimination: Section 42(2) of the CFRN stipulate that, “no citizen of Nigeria shall be subjected to any disability or deprivation merely by reason of the circumstances of his birth”. Nothing that by section 42(3), the law imposes restrictions with respect to the appointment of any person to any forces 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.
- Right to acquire and own immovable property anywhere in Nigeria: Subject to the provision of Section 43 of the CFRN, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria.