By Kenneth Okonkwo
Gasiokwu defined human rights as claims made on society by individuals and groups which claims have found expression in objective law either at national levels and international levels, and serve as the standard for measuring the conditions of human existence below which no human being should enjoy.
They are rights held by individuals simply because they are part of the human species. They are rights shared equally by everyone regardless of sex, race, ethnicity, nationality and economic background. They are rights inbuilt by God in human beings and discernable by human reason and man-made laws must conform to these natural law rights of human beings.
The first command God gave humanity in the scriptures to establish the dispensation of human government was a human right law. God said in Genesis 9:5-6, “For your lifeblood I will most certainly require an accounting; from every animal [that kills a person] I will require it. And from man, from every man’s brother [that is, anyone who murders] I will require the life of man.
Whoever sheds man’s blood [unlawfully], By man (judicial government) shall his blood be shed, For in the image of God He made man.” (See Amplified version of the Holy Bible). This is the divine codification of section 33 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
This is the divine origin of man’s entitlement to his right to life. Section 33 (1)(2)(a) states “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; A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary for the defence of any person from unlawful violence or for the defence of property.
Human rights, therefore, predates politically organised societies. The Constitution merely codified the rights. In Chief (Mrs.) Olufunmilayo Ransome-Kuti & Ors. v. Attorney- General of the Federation, Eso J.S.C. examined the nature of fundamental rights when he said, this is no doubt a right guaranteed to everyone. It is a right which stands above the ordinary laws of the land and which in fact is antecedent to the political society itself. It is a primary condition to a civilized existence and what has been done by our Constitution, since independence is to have these rights enshrined in the Constitutions so that the rights could be immutable.
Human Rights Day is observed every year on December 10 to mark the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This day is dedicated to celebrating and promoting rights that protect people from abuses, violations, and harm, ensuring that everyone can live with dignity and respect, regardless of their race, ethnicity, gender, religion, nationality, or any other characteristic.
The theme for Human Rights Day 2024 is ‘Our Rights, Our Future, Right Now,’ which highlights the impact of human rights on people’s lives every day. According to the United Nations, upholding human rights is not only about addressing current injustices but also about transforming unfair societies and empowering marginalized groups. Protecting human rights is not just about preventing harm, but also about building a world where people can thrive, access education and healthcare, and participate fully in society. The UN explained that human rights have a tangible positive impact and offer practical solutions, and that embracing them can help build a more peaceful and equal world.
A critical look at the objectives of respecting human rights of citizens will immediately expose the fact that Nigeria is where it is today because of the flagrant disregard of the fundamental human rights of its citizens by succeeding governments, whether military or civilian, particularly the most primary one, which is the security and welfare of its citizens. United States of America is the most powerful nation on earth.
Their secret is the respect and protection of the fundamental human rights of their people, especially, security and the welfare of their people. In America, it’s a news that a murderer is not found in days, but in Nigeria, it’s a news that a murderer is found at all, no matter the years, as many murders remain unsolved and unresolved daily. Even the murder of Bola Ige, former Minister of Justice, the Chief Law Officer of Nigeria, in his home, is unresolved till date and none of the murderers was apprehended.
The government even nicknames killers and murderers in Nigeria as unknown gunmen, revealing their total incompetence in preventing and solving the murdering of their innocent citizens. Between October and November, 2024, just two months in Nigeria, more than 2,496 people were murdered, while 1,757 people were kidnapped. This is only comparable with countries in war.
Freedom of expression has been a major casualty in Tinubu’s regime. Peaceful protests are brutally suppressed. Even children and minors are arrested and unlawfully detained with adults in same detention centre. A major eyesore was the detention and arraignment of innocent children, who were caught on the streets protesting hunger and hardship, for treasonable felony.
The evidence of the government was not that these children carried armoured vehicles to assault the Aso Villa in order to overthrow Tinubu by force, which is what is needed to prove treason. Their evidence was that the children were carrying foreign flags and saying they want or prefer military regime, which is absolutely covered by section 39, 40, and 41 of the 1999 Constitution as amended as their fundamental human rights.
Also of note is the unjust arrest and incarceration of Dele Farotimi for a non-existent defamation offence in Lagos and Ekiti States. The security agencies can only arrest a person for a known offence which is prescribed in our written law and the penalty stated therein. (See section 36(12) of the 1999 Constitution). Till date no police officer or Attorney General has told Nigerians where defamation as an offence is stated in Lagos or Ekiti laws.
Yet Dele was forcefully arraigned in a State court and unjustly remanded in prison custody. Section 5 of the Administration of Criminal Justice Act states: A suspect or defendant may not be handcuffed, bound, or subjected to restraint, yet Dele was brought to court on handcuffs when he voluntarily submitted to the unjust arrest and posed no threat to any security operative, nor did he display any violent traits.
The procedure for bringing defamation charges against someone is that the relevant authorities must first of all investigate all the allegations Dele made against Afe Babalola and others and confirm them to be lies before even contemplating to arrest Dele. This is because the onus of proof of the offence is on the state authorities, not on Dele. Furthermore, truth is a defence to the offence of defamation and Dele will be absolutely justified in his comments if he told the truth.
It’s laughable that Dele was arrested only on the authority of a petition written by Afe Babalola, who has issued a statement, through his chambers, that Farotimi will not be released, except he proves his claims, withdraws them, and apologises. Is Afe Babalola chambers now the prosecuting authority who orders the arrest, detention, and release of a person in jail? This obviously raises reasonable suspicion of collusion between Babalola Chambers and the security agencies.
The Commissioner of Police was quoted as saying “We are investigating him. If the suspect is arrested, we will bring him for investigation. We will conduct our investigation and will be able to know his level of culpability or otherwise.” This is a confirmation that Dele was arrested on the strength of Afe Babalola’s petition only. Sorry, you don’t arrest for investigation, you arrest for prosecution, meaning that investigation ought to have been concluded before arrest.
The Supreme Court has made it clear that you do not arrest a person and start running around for investigation. The mere act of arrest should indicate that investigation has been concluded. The police can only prosecute Dele if all his allegations have been investigated and proved false. (See section 36(5) of the Constitution).
This, the police has not done, so Dele Farotimi should be released immediately and the security agencies should allow the parties sought themselves out in a civil proceeding to protect the image of Nigeria from being further battered in the international community. The courts must stop lending their authority to assist man’s inhumanity to man.
Human rights record under Tinubu’s government has been abysmal as even people’s lands are now being unjustly grabbed, and reallocated to friends and associates of the government. Immediately after the 2023 presidential election which Tinubu lost in Lagos, houses and markets of some people who were perceived as political opponents, were unjustly demolished. These actions run contrary to the Universal Declaration of Human Rights by the UN, sections 33-44 of the 1999 Constitution.
No investor will invest in a country where his human rights and property are not secured. Tinubu must rise up and call the security agencies and governmental officers to order especially with respect to the protection of human rights of the people living in Nigeria. The success of our future in Nigeria depends on our rights being protected and ensured now in line with the theme of this year’s human rights day.
*Okonkwo, a lawyer and actor is commentator on public issues
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