Running Universities Where Students’ Liberty Is Restricted Is Unconstitutional And Illegal.

Daily Law Tips (Tip 459) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)

Running universities where students’ liberty is
restricted is unconstitutional and illegal.

After the biological characteristics of human being, the next
characteristic is “Human Right”. When Human Right is unlawfully
withdrawn, limited, affected, restricted, denied, suppressed or
even threatened, human beings become mere beings. Fundamental Human
Rights are sacrosanct, inalienable, “un-waive-able” and clearly
contained in the Constitution of the Federal Republic of Nigeria.
No human being can orally or in writing suspend or waive his/her
fundamental human rights except the Constitution of Nigeria allows
such.

One of the fundamental human rights in Nigeria, is the “Right to
Personal Liberty”. It is simply, the right to be free,
“not-arrested”, “not-detained”, unrestricted, unfettered, unchained
or held back. It is the sweet right of being free to “go, come,
stay and flex” within the law without violating another person’s
rights.

Like most laws and rights, there is an exception to the Right to
Personal Liberty. One of the six (6) exceptions to the “Right to
Personal Liberty”, is that a person’s liberty may be restricted for
education or welfare purposes of the person but that is where such
a person is less than eighteen (18) years old. Hence, where schools
restrict personal liberty of students that are 18 years old and
above, it is illegal and unconstitutional. The weak argument that
such students or their parents signed an agreement to obey school
rules/regulations is immaterial. Fundamental Human Rights cannot be
illegally limited, restricted or violated even with the oral or
written consent of victim of such violation. Among the common human
rights violations in schools, are;
1. Restricting students’ access to and out of campus, access to
mobile phones/internet, access to relate with opposite sex, access
to wear choice clothes and access to have visitors even in
open/common centers.
2. Forcing students to do labour, sports or religious practises
3. Detaining students in school detention centers/security posts
for weeks without immediately handing them over to security
agencies.
Above common violations accept Right to Personal Liberty and many
other nam rights.

Students that are 18 years and more but were I the past, or are
been presently restricted or merely threatened to be restricted and
their human rights violated, have a right to seek damages against
their institutions for unlawful arrest/detention among others, as
provided by the constitution. They are entitled to compensation and
public apology.

My authorities are sections 35, 318 and 319 of the Constitution
of the Federal Republic of Nigeria, 1999.

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or [email protected]^[2]
or +2348037665878.

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