Fundamental Human Rights

 HUMAN RIGHTS

Human rights are the inalienable rights and privileges enjoyed by the citizens of a state as codified in the constitution. Such rights include right to life, right to dignity of human person, right to personal liberty, right to freedom of expression and the press, right to freedom of movement, right to fair hearing, right to freedom of thought, conscience and religion, right to vote and be voted for, right to private and family life, etc.

Ways of safeguarded Human Rights

1. Independence of the Judiciary.

2. Supremacy of the constitution.

3. Conduct of free and fair elections.

4. Operation of democratic system of government. 

5. Respect and promotion of the rule of law. 

6. Freedom of the press. 

LIMITATION OF HUMAN RIGHTS

Human rights can be restricted for the overall good of the citizens and the country at large in the following ways:

1.   A citizen may be denied some of his rights if he is detained by a court of law.

2.   A citizens right to life may be denied if he is condemned to death by the law court as a result of murder, armed robbery, etc.

3.   Right to life is also restricted by the law which forbids a citizen from killing himself or herself.

4.   Right to fair hearing cannot be exercised beyond the highest court which is the Supreme Court in Nigeria.

5.   Right to private property may be restricted by the right of the state to compulsorily acquire private property for public use.

6.   Declaration of dusk to dawn curfew in periods of emergency or chaos may limit the right of a citizen such as freedom of movement.

7.   The police in enforcing law and order can ban public assembly and demonstrations which will deny a citizen his rights to freedom of association and assembly.

8.   A citizen suffering from insanity or contagious disease may be deprived his rights to safeguard the rights of others.

9.   The court can also restrict the movement of a citizen if he/she has a serious case pending in court.

10.   Rights to freedom of expression and the press are restricted by the law that prevents individuals from saying or publishing statement that could damage the personality of others (laws of slander and libel).

11.   Some public office holders such as the president, governor, parliamentarians, ambassadors, judges cannot be sued while in office because they enjoy protection of the law called immunity clause

12.   Existence of military rule or an unpopular dictatorial government can lead to restriction of citizens rights.

Nature and Structure of Nigerian Federalism

 Structure of Nigeria Federalism

1960-1966

Declared itself a republic and replaced the post of Governor-General with the post of President, a national bicameral parliament was established and the country was a federation of the three regions. The Mid-Western Region was formed from the Western Region in 1966, and Lagos, the capital, was effectively governed as an unofficial fourth region outside the bounds of the Western Region.

1967-1975

After the first coup and under the short-lived military government of Aguiyi-Ironsi, the country was reorganized under a central government. Following the counter-coup which resulted in Aguiyi-Ironsi’s deposition and assassination, Nigeria was reorganized as a federal country, with three of the regions being divided into newer entitles and all first level subdivisions being renamed as states:

Eastern Region was divided into East- Central (Enugu), Rivers (Port Harcourt) and South-Eastern (Calabar) states;

Northern Region was divided into Benue-Plateau (Jos), Kano (Kano), Kwara (Ilorin), North-Central (Kaduna), North-Eastern (Maiduguiri), and North-Western (Sokoto) states.

Western Region was divided into Lagos (Lagos) and Western (Ibadan) states.

Mid-Western and the states of former Eastern Region made a bid to secede from Nigeria as the states of Biafra and Republic of Benin, resulting in the Nigerian Civil War.

1976-Till Date

In 1976, six years after the civil war, the states were further reorganized:

Benue-Plateau state divided into Benue (Makurdi) and Plateau states;

East-Central state divided into Anambra and Imo (Owerri) states;

Federal Capital Territory (Abuja) formed from parts of Niger and Plateau states;

North-Eastern state divided into Bauchi (Bauchi), Borno, and Gongola (Yola) states;

Niger (Minna) state split from Sokoto;

Western state divided into Ogun (Abeokuta), Ondo (Akure), and Oyo states. State boundaries and names were also reorganized.

Akwa Ibom state split from Cross River;  

Katsina state split from Kaduna

Abia state split from Imo;

Bendel state divided into Delta and Edo;

Enugu state split from Anambra;

Gongola state divided into Adamawa and Taraba;

Jigawa state split from Kano;

Kebbi state split from Sokoto;

Kogi state formed from parts of Benue and Kwara;

Osun state split from Oyo;

Yobe state split from Borno;

Bayelsa state was split from Rivers;

Ebonyi state was formed from parts of Abia and Enugu;

Gombe state was split from Bauchi;

Ekiti state was split from Ondo;

Nasarawa state was split from plateau;

Zamfara state was split from Sokoto.

Features of Nigerian Federalism

Governmental powers are shared between the Federal and State governments.

Its operation is backed up by a federal constitution, which is usually written and rigid in nature.

It is popularly known as a three (3) tier government.

There is the supremacy of the constitution.

It ensures equal representation of all groups.

Federal government practices bicameral legislature.

It observes the principle of separation of powers.

It grants autonomy to the constituent units.

It encourages grass root participation.

 Problems of Nigerian Federalism

1) Revenue Allocation:

This has been a problem in Nigeria. Government at different periods had set up commissions to advise on the acceptable revenue sharing formula, especially as it affects the three (3) tiers of government.

2) The Problem of Minorities:

In Nigeria, there are majority groups and minority groups. The fear of domination has always been there on the part of minorities and also, the fear of not being fairly treated within the federation.

3) State Creation:

Constant demand for more states.

4) Issue of Secession:

Threats of various groups to secede e.g. NPC’s eight point programme demand of 1953, threat of Action Group to secede over revenue allocation and Biafra’s secession attempt of 1967.

5) Boundary Disputes:

The various localities are often involved in one form of boundary dispute or the other.

6) The Federal Character:

Appointments into federal establishments in the country are not always based on merit because the issue of federal character has to be addressed. This may not go down well with some ethnic or interest groups in the country.

7) Power Sharing:

Power sharing among the component units poses a problem to Nigerian federalism because it is not always properly defined.

8) Corruption, Favouritism, and Nepotism:

These are problems of Nigerian federalism.

9) Acceptable Census Figures:

For some time, in the affairs of the country, there has been the problem of conducting reliable and acceptable census

RULE OF LAW

 According to A.V. Dicey, the Rule of Law has three key principles:

1. *Supremacy of Law*: The law is supreme, and everyone is subject to it, including government officials.

2. *Equality Before the Law*: Everyone is equal before the law, with no one being above it.

3. *Protection of Individual Rights*: The law protects individual rights and freedoms.

Dicey argued that these principles ensure that power is not arbitrary and that citizens have legal recourse against abuse of power.

Problems of maintaining the rule of law

 Implementing the rule of law in a state can face several challenges, including:

1. *Weak Institutions*: Ineffective or corrupt judiciary, legislature, and executive can undermine the rule of law.

2. *Lack of Access to Justice*: Limited access to courts, legal representation, and information can hinder citizens' ability to seek justice.

3. *Corruption*: Corruption within institutions can erode trust and undermine the rule of law.

4. *Political Interference*: Politicians may interfere with the judiciary or law enforcement, compromising their independence.

5. *Inadequate Laws*: Outdated, unclear, or inadequate laws can create confusion and undermine the rule of law.

6. *Cultural and Social Barriers*: Traditional or social norms may conflict with formal laws, making implementation challenging.

7. *Limited Resources*: Insufficient funding, infrastructure, and human resources can hinder effective implementation.

8. *Emergency or Conflict Situations*: States of emergency or conflict can lead to suspension or manipulation of the rule of law.

FEDERALISM

Meaning and Origin of Federalism in Nigeria

Federalism is also a political concept in which a group of member is bound together by covenant with a governing representative head.

Federalism has been present in Nigeria since the former British colony was reorganized into a federation of three regions in 1946. Regionalism was introduced to the Nigeria system by the Richards Constitution.

Federalism is a system of government in which power is shared between the central and regional governments. It is a political system of government where there is division of power among the three tiers of government (federal, state and the local government.)

Reasons for the Adoption of Federalism in Nigeria.

To protect and preserve the local independence of every ethnic group in the country.

For the purpose of developing all part of the country.

Federalism was adopted to form a common and stronger government so as to secure the sovereignty of the country.

Federalism is adopted in Nigeria because of her multi- ethnicity; therefore only federal system can bring about peace co-existence among the different ethnic group.

It was also adopted to protect the interest of the minority.

Importance of Voting

IMPORTANCE OF VOTING

1. Voting in an election is a way a citizen performs his or her civic duty.

2. Being voted for in an election is one of the rights of a citizen.

3. Voting helps to ensure that good candidates are elected.

4. Voting helps to ensure that government policies are implemented.

5. A voter by his vote contributes to the decision making process of the government.

6. Voting in an election is a legal or constitutional way of changing government.

The Citizens Participating in Electoral Proces