DON'T READ THIS,UNLESS YOU DARE TO BECOME WISER!

KNOW WHAT LAWYERS KNOW

UBI JUS IBI REMEDIUM- where there is a right, there is a remedy. In Nigeria today it is saddening that so many people are not aware of their rights, let alone the remedies. What then are lawyers for?  We have therefore decided to list and throw light on some of these rights, the basic rights enshrined in the constitution known as the Fundamental Human Rights. Specifically chapter 4 of the Constitution of the Federal Republic of Nigeria 1999 provides for the following rights:

RIGHT TO LIFE: Section 33

Every Nigerian citizen has a right to life therefore you cannot take anybody’s life and nobody is allowed to intentionally take a human life unless under special circumstances. It also means that nobody is allowed to do anything that may cost another person’s life or might lead to the death of another human being. This also means that you cannot take your own life because all life belongs to the State and if you are caught trying to kill yourself, you could be charged with attempted suicide, while, if you kill another you will be charged for murder or manslaughter, as the case may be.

However, a citizen’s life might be taken from him, if he commits a crime punishable by death and he is found guilty and is convicted of the crime; in the process of suppressing a riot, insurrection or mutiny, for the defense of any person from unlawful violence or for the defense of property; in order to effect a lawful arrest or to prevent the escape of a person lawfully detained.

RIGHT TO DIGNITY OF THE HUMAN PERSON: Section 34

“All animals are equal, but some are more equal than others” George Orwell, Animal Farm. This Section of the constitution seems to disagree because it believes that every human being has equal rights and should be treated as such. Just like the right to life, every person has the right to be treated with respect and dignity. Nobody should be treated like a slave without worth; no person shall be subjected to torture, inhuman or degrading treatment; forced or compulsory labour. Every person should be given a chance to live like everyone else and should not be disrespected on the basis of wealth, education or background. No one should be given degrading treatment or treated like an animal or less than a human being. This part of the constitution emphasizes that all men are equal.

RIGHT TO PERSONAL LIBERTY: Section 35

Every person is entitled to his personal liberty and shall not be deprived of such liberty except in the execution of the sentence of a court and other related situations.  This Section gives you the right to ask for a warrant of arrest if you are about to be arrested. However, a police officer has the right to arrest without warrant under reasonable suspicion or if the person is caught in the act. Furthermore, this Section gives you the right to remain silent until you have consulted your legal practitioner. Also, under this Section, you can sue for false imprisonment. Note however, that a person who has not attained the age of eighteen years cannot be said to have been deprived of his right to personal liberty if such is for the purpose of his education or welfare, likewise people suffering from infectious or contagious diseases, persons of unsound mind, persons addicted to drugs, to mention but a few.

RIGHT TO FAIR HEARING: Section 36

Every citizen is entitled to fair hearing within a reasonable time. Every person charged with a criminal offence shall be presumed innocent until proven guilty by a court of law or tribunal. The right to fair hearing includes amongst other things, the right to a lawyer, the right not to be tried a second time for an offence for which he has been pardoned, he also reserves the right to give or not give evidence at his own trial.

RIGHT TO PRIVATE AND FAMILY LIFE: Section 37

This Section gives every Nigerian citizen right to privacy. It guarantees and protects the privacy of your phone calls, telegraphic communications, text messages etc. It means that a reasonable amount of privacy is required for every human being. Nobody is supposed to tap into your telephone conversations, make video tapes of you while in the privacy of your own house, badge into your house without knocking or without your consent even if he is your landlord.

However, your right to privacy might be infringed upon in the interest of justice, may be in the process of an investigation or something of like nature.

RIGHT TO FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION: Section 38

Every Nigerian citizen has a right to freedom of thought, conscience and religion. He has a right to choose and belong to a religion of his choice. This also includes his right to change religion at anytime. This right also extends to the effect  that no person attending any place of education shall be required to receive religious instruction or required to participate or attend any religious ceremony or observance if such pertains to a religion other than his own or that approved by his parents or guardian. This section however does not give any person the right to form, take part in the activity or become a member of a secret society.

 RIGHT TO FREEDOM OF EXPRESSION AND PRESS: Section 39

Every citizen has the right to speak and be heard. Every person is entitled to freedom of expression, freedom to hold opinions, receive and impart ideas and information without interference.  It means that you can say whatever is on your mind without fear or favour as long as it doesn’t constitute slander or defamation. It has also been argued that Freedom of expression also includes freedom to keep quiet, so if you do not want to talk, nobody can force you to talk. Thus, when anyone is arrested, the police officer reads you your rights thus: “you have every right to remain silent; anything you say or do may be used for or against you in a court of law”.  Freedom of expression also includes the right to write or publish your thoughts and observations and even the right to sing as far as it does not disturb the next person.

RIGHT TO PEACEFUL ASSEMBLY AND ASSOCIATION: Section 40

Every person is entitled to assemble freely and associate with others, everyone has a right to form or belong to a political party, trade union or any other association for the protection of his interests. This right does not include the right to form or join secret cults.

RIGHT TO FREEDOM OF MOVEMENT: Section 41

Every Nigerian has a right to move about freely, throughout Nigeria and to reside in any part of the country, he so chooses. Furthermore, no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto or exit therefrom.

This right however does not apply when a person is charged with or standing trial for or has been found guilty of a criminal offence in Nigeria or outside Nigeria in some special circumstances.

RIGHT TO FREEDOM FROM DISCRIMINATION: Section 42

Every citizen has the right to be associated with as a citizen and should not be discriminated on the ground of his birth or his family or community, ethnic group, religion, sex, political opinion or for any reason whatsoever. Every one is a lawful citizen of Nigeria, therefore there is nothing like bastard, slave or “osu” under the Nigerian Constitution. This right also stipulates that nobody should be accorded any special privilege or advantage that is not accorded to citizens of Nigeria of other communities, ethnic groups, place of origin, sex, religious or political opinions.

RIGHT TO ACQUIRE AND OWN IMMOVEABLE PROPERTY ANYWHERE IN NIGERIA: Section 43

Every Nigerian citizen has the right to acquire and own immovable property anywhere in Nigeria. Therefore, if a person buys a land in Sokoto state, you cannot say, you are not from Sokoto so you cannot build or own a land here. It also stands to reason that, the right to own immovable property also includes the right to own moveable property, but it is advised to have a receipt for each property.

Also worthy of note here is that every property belongs to the state so it can cease the property if the need arises. For instance in the execution of a judgement or order of court; if the property is in a dangerous state or injurious to the health of human beings, plants or animals, to mention but a few.

CONCLUSION:

We shall conclude by saying that to every general rule, there is an exception. In other words, there are limitations to every right; in the interest of defense, public safety, public order, public morality or public health or for the purpose of protecting the rights and freedom of other persons, thus the saying; “your right begins where your neighbors’ right ends”. Finally, it is worthy of note that there is a remedy for every right infringed thus – “ubi jus ibi remeduim”.

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