Regulations and Rights: Understanding Nigeria’s Governance Framework.
Explore the constitutional rights, electoral laws, and human rights that shape Nigeria.
The constitution is a foundational legal document that outlines the principles, structures, and processes of governance in a country. It establishes the framework for government operations, delineates the powers and responsibilities of different branches of government, and safeguards the rights and freedoms of citizens. Essentially, it serves as the supreme law of the land, guiding how laws are made and applied.
In Nigeria, the current constitution in use is the Constitution of the Federal Republic of Nigeria, 1999. This constitution came into effect on May 29, 1999, marking the end of military rule and the beginning of the Fourth Republic. It is a comprehensive document that includes provisions on:
- Fundamental Rights: Protecting the civil liberties of citizens, such as the right to life, freedom of expression, and the right to fair trial.
- Separation of Powers: Establishing the three branches of government executive, legislative, and judicial—and outlining their powers and functions.
- Federal Structure: Defining the relationship between the federal government and the states, including the distribution of powers and responsibilities.
- Elections and Political Participation: Providing the framework for the conduct of elections and the formation of political parties.
- Amendment Procedures: Outlining how the constitution can be amended to reflect the changing needs and aspirations of the Nigerian people.
Overall, the 1999 Constitution is crucial for promoting democracy, rule of law, and the protection of human rights in Nigeria.
The Electoral Act, 2022 of Nigeria is a key legislative framework guiding the conduct of elections at the Federal, State, and Area Council levels. It replaced the 2010 Electoral Act and introduced several reforms aimed at enhancing the integrity of Nigeria’s electoral process.
Here are some key highlights:
- Technological Innovations: It mandates the use of card readers and other electronic devices for accreditation of voters and transmission of election results to improve transparency and reduce fraud.
- Timelines and Processes: The Act specifies timelines for the submission of candidate lists by political parties and provides clear guidelines for candidate substitution. It also introduces penalties for non-compliance.
- Campaign Regulations: The Act sets expenditure limits for campaigns and prohibits certain behaviors, such as campaigns based on religion or tribe, and the use of violence or intimidation during campaigns.
- Voting and Results: It introduces measures to ensure voting secrecy and mandates electronic transmission of results from polling units, reducing manual interference.
- Electoral Offenses: It outlines offenses like vote buying, impersonation, and violence, prescribing strict penalties to deter such actions.
- Inclusivity: The Act aims to make elections more inclusive by addressing voter participation challenges and setting standards for access.
For more detailed information, you can refer to the full text or summary of the Act on platforms like: Law Nigeria and PolicyVault Africa
Fundamental Human Rights of citizens- According to Nigerian Constitution
Right to Life (Section 33 of the Nigerian Constitution, 1999)
Right to Life: Every individual has the inherent right to life, and this right cannot be intentionally deprived except by law.
Exceptions: The right to life may be limited under specific circumstances, such as:
Reasonable force in the execution of lawful duties.
Defense against unlawful violence.
Lawful arrest or preventing escape from detention.
Resisting arrest or evading lawful apprehension.
Legal Protections: No one shall be deprived of their right to life without due process and in accordance with the law.
Right to Dignity of the Human Person (Section 34 of the Nigerian Constitution, 1999)
Every individual is entitled to respect for their dignity, which includes protection from torture, inhuman or degrading treatment, and slavery or servitude. No one shall be subjected to forced or compulsory labor.
Right to Personal Liberty (Section 35 of the Nigerian Constitution, 1999):
Every individual has the right to personal liberty. No one shall be deprived of their liberty except in specific circumstances, such as lawful arrest or detention for a criminal offense. Detained individuals must be presented before a court within a reasonable timeframe.
Right to Fair Hearing (Section 36 of the Nigerian Constitution, 1999):
In matters concerning their civil rights and obligations, including criminal charges, every person is entitled to a fair hearing within a reasonable time by an independent and impartial court or tribunal. This includes the right to a fair trial and access to legal representation.
Right to Private and Family Life (Section 37 of the Nigerian Constitution, 1999):
The Constitution guarantees the privacy of citizens, ensuring protection for their homes, correspondence, telephone conversations, and telegraphic communications. Every individual has the right to respect for their private and family life.
Right to Freedom of Thought, Conscience, and Religion (Section 38 of the Nigerian Constitution, 1999):
Every person is entitled to freedom of thought, conscience, and religion. This includes the right to change one’s religion or belief, as well as the freedom to manifest and propagate these beliefs through worship, teaching, practice, and observance.
Right to Freedom of Expression and the Press (Section 39 of the Nigerian Constitution, 1999):
Every individual has the right to freedom of expression, which encompasses the freedom to hold opinions and to receive and impart ideas and information without interference. This right also extends to the freedom of the press.
Right to Peaceful Assembly and Association (Section 40 of the Nigerian Constitution, 1999):
Every person is entitled to assemble freely and associate with others, particularly in forming or joining political parties, trade unions, or other associations for the protection of their interests.
Right to Freedom of Movement (Section 41 of the Nigerian Constitution, 1999):
Every citizen of Nigeria has the right to move freely throughout the country and reside in any part thereof. This includes the freedom to leave Nigeria and return.
Right to Freedom from Discrimination (Section 42 of the Nigerian Constitution, 1999):
No citizen shall be subjected to any form of discrimination based on ethnic group, place of origin, sex, religion, political opinion, or circumstances of birth. This right ensures equality before the law and equal protection and benefits under the law.
Right to Acquire and Own Immovable Property Anywhere in Nigeria (Section 43 of the Nigerian Constitution, 1999):
Every citizen has the right to acquire and own immovable property anywhere in Nigeria, protecting their ability to own land and real estate without undue restriction.
Compulsory Acquisition of Property (Section 44 of the Nigerian Constitution, 1999):
No movable or immovable property shall be taken possession of compulsorily except as prescribed by law, which mandates prompt payment of compensation and grants the individual the right to access a court for the determination of their interest in the property.
Right to Education (Chapter II, Section 18 of the Nigerian Constitution, 1999):
While not enforceable in a court of law, this section directs the government to eradicate illiteracy and provide free, compulsory, and universal primary education; free secondary education; free university education; and free adult literacy programs.
Right to Environmental Protection (Chapter II, Section 20 of the Nigerian Constitution, 1999):
The State is mandated to protect and improve the environment while safeguarding Nigeria’s water, air, land, forests, and wildlife.
Right to Health and Social Welfare (Chapter II, Sections 17(3)(d) and 17(3)(e) of the Nigerian Constitution, 1999):
The State is required to ensure that adequate medical and health facilities are available for all individuals. Additionally, it must safeguard the health, safety, and welfare of all persons in employment, ensuring they are not endangered or abused.
Right to Remuneration (Chapter II, Section 17(3)(c) of the Nigerian Constitution, 1999):
The foundation of the State’s social order is based on the principles of freedom, equality, and justice. In pursuit of this social order, every citizen shall have equality of rights, obligations, and opportunities before the law, recognizing the sanctity of the human person and maintaining human dignity.
Right to Participate in Government (Chapter II, Section 14(2)(c) of the Nigerian Constitution, 1999):
The Constitution ensures that the participation of the people in their government is upheld in accordance with its provisions.
Right to Social and Economic Welfare (Chapter II, Section 16(2) of the Nigerian Constitution, 1999):
The State shall direct its policy toward promoting planned and balanced economic development. This includes harnessing and distributing the community’s material resources to serve the common good and preventing the concentration of wealth and means of production in the hands of a few individuals or groups.
Respect for the Rights and Legitimacy of Others (Chapter IV, Various Sections of the Nigerian Constitution, 1999):
While citizens enjoy their rights, they must also respect the rights of others. This includes refraining from infringing upon others’ rights to life, freedom of speech, movement, religious beliefs, and privacy.
Enforceable Rights:
- Right to Life (Section 33): Everyone has the right to life and no one shall be deprived of it unlawfully.
- Right to Dignity of the Human Person (Section 34): Every individual is entitled to respect for their dignity, freedom from torture, inhuman or degrading treatment, and slavery.
- Right to Personal Liberty (Section 35): Every person has the right to personal liberty, with exceptions for lawful arrests or detention.
- Right to Fair Hearing (Section 36): Every person is entitled to a fair hearing within a reasonable time by an independent and impartial court or tribunal.
- Right to Private and Family Life (Section 37): Citizens have the right to privacy in their homes, correspondence, and communications.
- Right to Freedom of Thought, Conscience, and Religion (Section 38): Every individual has the right to freedom of thought and religion, including the freedom to change beliefs.
- Right to Freedom of Expression (Section 39): Every person has the right to express opinions and share information freely.
- Right to Peaceful Assembly and Association (Section 40): Individuals can assemble peacefully and associate with others, including forming political parties and unions.
- Right to Freedom of Movement (Section 41): Citizens can move freely throughout Nigeria and reside in any part of the country.
- Right to Freedom from Discrimination (Section 42): No citizen shall be discriminated against based on ethnic group, religion, or other factors.
- Right to Acquire and Own Immovable Property (Section 43): Every citizen has the right to acquire and own property anywhere in Nigeria.
- Compulsory Acquisition of Property (Section 44): Property cannot be taken compulsorily without prompt compensation and access to a court.
- Right to Education (Chapter II, Section 18): Though not directly enforceable, it directs the State to provide free and compulsory education.
Enforceable Responsibilities:
- Respect for the Rights of Others (Chapter IV, Various Sections): Citizens must respect the rights of others while exercising their own rights.
- Obligation to Uphold the Constitution: Citizens are expected to support the Constitution and adhere to the rule of law.
- Participation in Civic Duties: Citizens have a responsibility to participate in the democratic process, including voting and civic engagement.
These rights and responsibilities are foundational to the protection of individual freedoms and the maintenance of justice within the Nigerian legal framework.