CHAPTER TWO

RIGHTS AND OBLIGATIONS

RIGHTS

Right in an abstract sense means justice, ethical, correctness, or consonance with the rule of law or the principles of morale.  A right has been defined as privilege or a prerogative conferred by law upon a person or group of persons.  Rights refer to either moral or legal rights.

Moral rights according to Salmon (1966), are interests recognized and protected by rule of law.  Rights according to Anyaele (1994), are certain privileges that every citizens enjoys in a country irrespective of sex, ethnic or creed one fact to be considered is that in order that an interest should became subject of a legal right, it must obtain not merely legal protection but also legal recognition e.g. Ammals are protected by law, hence, they do not have any legal rights.  Legal rights are those rights that are recognized, protected and sanctioned by the law, the violation of which is actionable in the courts or any other constituted authority.

CHARACTERISTICS OF LEGAL RIGHTS

1. It is vested in a person who may be distinguished as the owner of the right, the Subject of or the person entitled or the person of inherence.    

2. It avails against a person, upon whom it lies, the correlative duty.  He may be distinguished as the person bound, or the subject of the duty or as the person of incidence. 

3. It obliges the person bound to act or an omission in favour of the person entitled.

4. The act or omission relates to something in widest sense of that word, which may be termed the object or subject matter of the right.

5. Every legal right has certain facts of events by reason of which the right has become vested in the owner.

FUNDAMENTAL HUMAN RIGHTS IN NIGERIA

In Nigeria fundamental human rights are the rights which are constitutionally stipulated for the citizens to enjoy which are to be protected by the law of the country.  They are inalienable and fundamental.  The main provision of Fundamental Human Rights are contain in CHAPTER IV of the 1999.Constitution to secure and protect the right of every Nigeria.  They are as follows:-

1. Right to life

2. Right to dignity of human person

3. Right to personal liberty

4. Right to fair hearing

5. Right to private and family life

6. Right to freedom of though, conscience and religion 

7. Right to freedom of expression and the press.

8. Right to peaceful assembly and association

9. Right to freedom of movement 

10. Right to freedom from discrimination and 

11. Right to acquire and own immovable property anywhere in Nigeria.

DEFENCE AND ENFORCEMENT OF FUNDAMENTAL HUMANN RIGHTS

Any person who alleges any of the provision of this chapter has been, is being, or likely to be contravened in any state in relation to him may apply to a High Court in that state for redress.  The National Assembly may also confer upon a High Court other powers to protect the citizen’s right.  A citizen of Nigeria can enforce his fundamental human rights against government, institution or individuals by claiming any redress like injuction and damages.  For instance in –

a. SHUGABA DARMAN V. THE FEDERAL MINISTER OF INTERNAL AFFAIRS.

The court held that a citizen has a right to freedom of movement throughout Nigeria and reside anywhere and shall not be restraint or refused entry or exit from Nigeria.  The deportation of Shugaba Darman, the Majority Leader of Borno State House of Assembly to the Chad by the Federal Government of Nigeria was declared unlawful, null and void as the letter did not respect the dignity and rights of the former as guaranteed under the Nigeria constitution.

b. AMAKIRI   V.   GOV OF RIVERS STATE -

The court awarded damages to the journalist who was subjected to inhuman and degrading treatment by the ADC of the Military Governor of River State.  It was held that his treatment constituted derogation from freedom from torture that is violation of his right to dignity.

CONDITIONS UNDER WHICH THE RIGHTS OF A CITIZEN CAN BE PROPERLY PROTECTED AND GUARANTEED

1. There must be an independent and impartial judiciary a citizen can to for protection whenever his rights are infringed upon.

2. Freedom of the press must be guaranteed.

3. The right of a citizen will be protected and safeguarded better in a democratic state than a totalitarian and fascist state.

4. A clear declaration of the fundamental human rights in the constitution.

5. An atmosphere of peace and order in a country is a necessary condition for the protection of a citizens’ right.

LIMITATIONS TO RIGHT OF A CITIZEN

1. A citizen may be denied his right to life if  -

   1. He is condemned to death as a result of murder, armed robbery;

   2. In defence of any person from unlawful violence or for the defence of property or 

   3. In order to affect a lawful arrest or to prevent the escape of a person lawfully detained.

   4. In order to suppress serious riot insurrection limit the right of a citizen to freedom of expression.

2. The laws of slander and libel and sedition limit the right of a citizen to freedom of expression.

3. The court can restricts the movement of a citizen if such citizen has a serious case pending in court.

4. A citizen facing criminal offence or serving prisons terms will definitely lose some of his fundamental human rights.

5. A citizen suffering from infectious or contagious disease or of unsound mind or addicted to drugs or alcohol or vagrant for the purpose of their care or treatment or the protection of community, can be deprived of personal liberty.

6. The police can for the interest of peace and order ban public assembly, procession and demonstration which deny a citizen his rights of assembly and association.

7. Right to acquire and own immovable property may be pruned or restricted in the following instances;

   1. In the interest of defence, public safety, public order, public morality or public health or

   2. For the purpose of protecting the rights and freedom of other persons.

   3. By Act of the National Assembly, particularly during periods of emergency, and usually, justification for such enactment(s) shall be given.

OBLIGATIONS

Obligation has been defined by Curson Law Dictionary as “a duty usually legal or moral and of one’s choosing to undertake a course of action”.

Salmond defined it as “the duty a man has through having taken upon himself of his own choosing”.  Obligations are moral duties which individual perform for the or to his fellow citizens.

For instance obligation arises as a result of a person making a promise so if two or more parties enter into an agreement, they are both duty – bound to fulfil the obligation they have entered into.  Thus where a person fails to fulfil such obligation a court of law will order a decree of “specific performance”.  An order of specific performance is an order issued by the court which constrains he has contracted to do (Sani, 2004).

Obligations arises as a result of person’s own actions or omissions.  Should any person or persons decide(s) to take over government of Nigeria that person or body of persons will be duty bounds to perform all the fundamental obligations which the constitution has laid down to be performed by government of Nigeria.

OBLIGATIONS OF GOVERNMENT OF NIGERIA TO THE CITIZENS

Any person or group of persons who forms the government of Nigeria will have the following obligations to perform –

1. The government must ensure that Nigeria is governed on the principle of democracy.

2. The government has an obligation to encourage national integration and should also ensure that discrimination on grounds of sex, religion, status, ethnic, linguistic associations is prohibited or eliminated.

3. The government is to ensure that its economic objectives are such that it will secure the maximum welfare freedom and happiness of every citizen.

4. The government’s social objectives must be founded on the basis of freedom of equality and justice so that each citizens shall have them.

5. The government is under obligation to ensure that there are enough or adequate education opportunities at all levels for all Nigerians.

6. The government is under an obligation to enhance Nigeria culture and promote African unity.

7. The Government is under obligation to ensure freedom of the press, radio, television and modern agencies of the mass media.

8. The government has to ensure that the national ethic shall be discipline, self reliance and patriotism.

OBLIGATIONS OF NIGERIA CITIZENS

Obligations imply civil duties which a citizen is supposed to perform because they are entrenched in the constitution.  Such obligations include –

1. Obeying legitimate and constituted authorities.

2. Payment of taxes, rates and levies.

3. Loyalty to the state

4. Defence of the state and render national service as may be required.

5. Respect for the need of state

6. Respect for the National Symbol (flag), National Anthem and Pledge.

7. Exercising one’s franchise, protecting and preserving public property.

8. Making positive and useful contributions to the advancement, progress and well-being of the community where he resides.

9. Assisting in law enforcement

10. Ethical orientation.

RESPONSIBILITIES AND DUTIES OF NIGERIAN GOVERNMENT AND CONSTITUTED AUTHORITIES

The formation of state confers on both the state and government certain responsibilities of prime importance is the need to protect the citizens of the state, the need to reconcile conflicts and the need to provide some services which many individuals may not be able to provide on their own e.g. schools, hospitals, roads, security, equality of rights and other services.

The conception of government and constituted authority goes beyond the Federal, State and Local governments, but to such bodies; institutions or persons that may be acting in one capacity or the other as an agent of the state.

From the foregoing, it behaves on all constituted authorities to abide by the oath they have sworn to and discharge their responsibilities diligently and without fear or favour so as to ensure the maximization of the values in the society.  There is no gain saying the fact that the notion of citizenship in Nigeria has acquired a ferreted form.  This is because just as many of the citizens try to evade their legitimate responsibilities.  Nigeria state and government also fail to discharge their legitimate responsibilities.   The more the state and government abandons their responsibilities the more the citizens would denied their rights.  The more also the citizens may want to evade their duties (Agagu, 2004).