By Stephen Peter Okangla
![image](/2020/10/lawreport.jpg")
INTRODUCTION
![image](/2021/01/payne-alex.jpg")
The Constitution of the Federal Republic of Nigeria 1999 (as
altered) is the most beautiful document on Earth. Its provisions
are carefully and evenly couched to suit the yearning of the people
in all sense of responsibility, however it is the most vulnerable
document of Earth. Among the numerous rights and privileges as
contained in the Constitution is the Right to Life which is
enshrined in chapter four, Section 33 (1) of the Constitution.
Right to Life is the chief of all rights and it occupies the first
section in chapter four of the constitution. It is trite that the
Right to Life is expressly provided in the Constitution and its
wording are not diluted in the form in which it is echoed. It is
fundamental, most important and sacred under our Constitution. Any
threat or defeat suffered by this Right is tantamount to the defeat
of all other rights as provided in chapter four of the
Constitution. Section 33 (1) of the Constitution Federal Republic
of Nigeria 1999 (as altered) is reproduced herein for emphasis:
“every person has a right to life, and no one shall be
deprive 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”.[1]
Many Philosophers have equally echoed in their writings on the
sanctity of human life. Thomas, John Locke and Ross opined that
“whoever kills forfeit his right to life”. Similarly, many
Charters, Conventions and Treaties provides for the Right to Life
in clear languages devoid of ambiguity. Among these Charters are
Article 2 of the European Convention for Human Rights, Article 6 of
the International Convention on Civil and Political Rights, Article
1 of the American Declaration of the Rights and Duties of Man,
Article 4 of the African Charter on Human and Peoples’ Rights,
Article 3 of the Universal Declaration of Human Rights which
provides that “everyone has the right to life, liberty
and security of person”.
This is how beautiful and sane the provision of Section 33 and
other supportive Charter on Right to Life are. In the case of KUTI
V A.G FEDERATION[2] KAYODE ESO
describes a Fundamental right as “right which stands
above the ordinary laws of the land…” Rights to Life
is without doubt inclusive. This Article is aimed at appraising
Right to Life in Nigeria, The Fictive Existence of Right to Life
despite its Constitutional Provision and Creating a Path which the
Sacredness of the Right to Life could be driven and sustained by
Recommendation.
HOW FICTIVE RIGHT TO LIFE HAS BECOME IN
NIGERIA
It is worthy to note that Right to Life is not only fundamental
but divine and sacred. Exodus chapter 20:13 provides thus:
“thou shall not kill”[3] similarly,
Leviticus chapter 24:17 provides that “and he that killeth any
man shall be put to death”[4] The Holy
Qur’an is not silent on this either, as it has laid several
provisions on the sanctity and sacredness of human life. Qur’an
chapter 6:15 provides thus: “take not life which Allah has made
sacred except by a way of justice”[5] it
also provide in chapter 5:32 “if anyone slew a person unless it
be for murder or for spreading mischief in the land, it will be as
if he slew the whole world and if anyone save a life it will be as
if he saved the whole world”. These are the extent the Holy
Scriptures guarantees and value human life. Who then are we
to take this life God considers precious wantonly, carelessly and
unjustifiably? It is however true that the right to life
as provided in the Constitution is not absolute despite the fact
that it is regarded as fundamental and chief of all rights.
Section 33 (2) (a), (b) and (c) of the Constitution Federal
Republic of Nigeria 1999[6] (as altered)
provides:
(2) a person shall not be regarded as having been deprived
of his right, in
contravention of this section, if he dies as a result of the
use, to such extent
and in such circumstance as are permitted by law of such
force as reasonably
necessary-
- for the defense of any person from unlawful violence or for
the defense of property; - in order to effect a lawful arrest or to prevent the escape
of a person lawfully detained; - for the purpose or suppressing a riot, insurrection or
mutiny.
The above provisions are the only law recognized reasons right
to life can be deprived or taken in Nigeria. It is indeed as
enshrined. One would ask, if the provision of the constitution on
right to life is beautiful as said. What then could have triggered
this article? It is simple as the question. Right to life in
Nigeria has become a fantasy, figment and the greatest fiction one
could ever think of. Nowadays, it only exist on papers and enforced
on air.
During the 1999 administration of Chief Olusegun Obasanjo an
entire community in Bayelsa State was wiped out for no just cause.
It was reported then that men of the Nigerian Army invaded the
community in broad day light around 1 pm at did the dastard
act.[7] Although this act was greeted by wide
condemnation from local and international civil rights group
including Amnesty International, however the violation of this
right has not stop but rather has increased daily in Nigeria.
In the early 2000s the militant were on rampage, killing maiming
and destroying in the name of “fighting for their rights”. These
incidences of massive human rights violation, especially right to
life then was just like a preamble to the body of wanton, senseless
killings and destruction which are witnessing now in Nigeria.
Boom! It was just like a joke that in 2007 our greatest
“friends” who are not different from calamity was born. It was
reported that the deadly Boko Haram terrorist sect since it began
operation in 2007 has displaced over 2.5 million people, rendered
over 244,000 people homeless and killed over 37,500 people and
still counting.[8] It is clear that the battle
against the insurgent had been compromised long ago hence it has
become a fate we cannot escape and doomed to experience if the war
is not channeled in the right direction. Our fathers, mothers,
brothers, sisters and friends are gruesomely murdered and hacked to
death by terrorist in North East. I make bold to ask. How have our
right to life faired in the past twenty one years? What wrong have
we done to warrant been slaughtered on daily basis? Who have stolen
section 33 from our Constitution? These and other numerous
questions are begging for answers with no attention from any level
of Government. What a pity that we dug the grave that now consume
us!
Furthermore, it did not end with Boko Haram at all, the
herders-farmers crisis which have claimed dozens of life is another
critical bone stuck in our throat. Right to life in Nigeria is not
more than a dream, a prophecy which awaits manifestation. It
remains a utopian society which may never materialized. Hardly did
we finished expressing our sorrows and counting our losses in the
hands of all these misfortune and unfortunate events than the
bandits sprang up from their camp to unleash hell and mayhem on us.
Time will fail me if I vividly talk about the various atrocities
occasioned in violation of right to life in Nigeria.
In continuation, little do we know that we would become prey in
the hands of those who are payed from the tax payers’ money to
protect and defend our right to life from miscreants and hoodlums
alike. Sadly the policemen have become the monster that steal our
life on daily basis. The Nigerian Army is not left out of this
inhumane and ungodly act of unlawful display of naked power against
Innocent citizens either. In 2015 it was reported by the Amnesty
International that the Nigerian Army opened fire on peaceful Shia
protesters killing about 350 of them in Zaria[9]
Similarly, in 2020 it was reported that the Nigerian Army carried
out a massacre of constitutionally backed END-SARS protesters
demanding for their right to life in the hands of the disbanded
notorious police unit SARS at Lekki toll gate in Lagos.[10] Only recently our social media went into tears
as the Nigerian Army was reported to have killed about seventy
persons, demolished farms, schools and Hospitals in Konshisha Local
Government Area of Benue State in retaliation of the killings of
their colleagues by alleged militias.[11]
These are the kind of story that characterizes Nigeria on daily
basis. It is the kind stories you find in our dailies, radio and
television stations. Who dare say we have right to life in Nigeria?
Who dare counter the fact that right to life in Nigeria is a
fiction? I therefore make bold to say that right to life in Nigeria
is a fiction, a figment, a utopian and a castle built in the air!
What we are witnessing in this part of the world is not more than
bloodshed in North as well as bloodshed in the South, it is not
more than bloodshed in the East as well as bloodshed in the West!
Our right to life in Nigeria only exist on papers, it is a
mirage!
CONCLUSION/RECOMMENDATION
It is trite from the foregoing that it is the responsibility of
the Government at all levels to create an enabling ground for the
enforcement and protection of our fundamental rights, right to life
inclusive. It is also a common knowledge and a notorious fact that
these rights are enshrined in the Constitution of the Federal
Republic of Nigeria 1999 (as altered) although it is painful that
such enabling environment needed for the protection of our right to
life has not been guaranteed in Nigeria. It is indeed sad that our
right to life in Nigeria only exist on paper hence a fertile ground
for the violation of this right exist. It is sadder that government
security set-up charged with the responsibility of protecting this
rights, are the one gruesomely snatching our life from our body.
This only happen in Nigeria and not Nations that value the life of
their citizens. For this act of insane and blatant disregard to
right to life to be curb in Nigeria, Government must as a matter of
urgency as opined by John Locke, Thomas Hobbes, Ross and Thompson
that “whoever kills has forfeits his right to
life”, implement the following:
- Responsibly address insecurity in the country
- Tame the increasing rate of communal crisis and farmers-herders
clash - Strengthens security at our boarders to monitor and prevent the
influx of arms into the country - Responsibly sanction fundamental rights violation by personnel
of security agencies in the country - Train and retrain security personnel on the sacredness of human
right to life - Set up commission that would specifically monitor right to life
violations as any harm or defeat suffers by right to life affects
all fundamental rights in the country - Aggressively embark on National Orientation on the divinity and
sacredness of right to life - Actively and reasonably engage religious and traditional
leaders on teaching their followers the need to uphold and respect
the sacredness of human right to life - Establish a special court that will see to the prosecution of
human rights violation especially right to life.
If these are rightly and reasonably implemented we will begin to
breathe fresh air Nigeria!
Stephen Peter Okangla writes from the University of
Maiduguri, he has great penchant for Oil and Gas, Criminal Law,
Constitutional Law, International Law, Human Rights Activism,
Litigation, Corporate practice and Lecturing. He can be reach
via:
Phone No: 08132040369
Email: stephenokangla@gmail.com[1]
[1] Constitution of the Federal Republic of Nigeria
1999
[2] (1985) 2 NWLR (PT. 6) 211
[3] The Holy Bible, King James Version
[4] ibid
[5] The Holy Qur’an
[6] Op.cit
[7]https://www.nytimes.com/2001/10/30/world/nigeria-army-said-to-massacre-hundreds-of-civilians.html[2]
<accessed 12th April, 2021
[8] https://www.cfr.org/global-conflict-tracker/conflict/boko-haram-nigeria[3]
<accessed 12th April, 2021
[9]https://www.amnesty.org/en/latest/news/2016/04/nigeria-military-cover-up-of-mass-slaughter-at-zaria-exposed/[4]
<accessed 13th April, 2021
[10]https://www.amnesty.org/en/latest/news/2020/10/nigeria-the-lekki-toll-gete-massive-new-investigative-timeline/[5]
< accessed 13th April, 2020
[11]https://saharareporters.com/2021/04/09/breaking-how-nigerian-soldiers-killed-over-70-innocent-persons-demolished-farma-schools[6]
<accessed 13th April, 2021
By Stephen Peter Okangla
INTRODUCTION
The Constitution of the Federal Republic of Nigeria 1999 (as
altered) is the most beautiful document on Earth. Its provisions
are carefully and evenly couched to suit the yearning of the people
in all sense of responsibility, however it is the most vulnerable
document of Earth. Among the numerous rights and privileges as
contained in the Constitution is the Right to Life which is
enshrined in chapter four, Section 33 (1) of the Constitution.
Right to Life is the chief of all rights and it occupies the first
section in chapter four of the constitution. It is trite that the
Right to Life is expressly provided in the Constitution and its
wording are not diluted in the form in which it is echoed. It is
fundamental, most important and sacred under our Constitution. Any
threat or defeat suffered by this Right is tantamount to the defeat
of all other rights as provided in chapter four of the
Constitution. Section 33 (1) of the Constitution Federal Republic
of Nigeria 1999 (as altered) is reproduced herein for emphasis:
“every person has a right to life, and no one shall be
deprive 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”.[1]
Many Philosophers have equally echoed in their writings on the
sanctity of human life. Thomas, John Locke and Ross opined that
“whoever kills forfeit his right to life”. Similarly, many
Charters, Conventions and Treaties provides for the Right to Life
in clear languages devoid of ambiguity. Among these Charters are
Article 2 of the European Convention for Human Rights, Article 6 of
the International Convention on Civil and Political Rights, Article
1 of the American Declaration of the Rights and Duties of Man,
Article 4 of the African Charter on Human and Peoples’ Rights,
Article 3 of the Universal Declaration of Human Rights which
provides that “everyone has the right to life, liberty
and security of person”.
This is how beautiful and sane the provision of Section 33 and
other supportive Charter on Right to Life are. In the case of KUTI
V A.G FEDERATION[2] KAYODE ESO
describes a Fundamental right as “right which stands
above the ordinary laws of the land…” Rights to Life
is without doubt inclusive. This Article is aimed at appraising
Right to Life in Nigeria, The Fictive Existence of Right to Life
despite its Constitutional Provision and Creating a Path which the
Sacredness of the Right to Life could be driven and sustained by
Recommendation.
HOW FICTIVE RIGHT TO LIFE HAS BECOME IN
NIGERIA
It is worthy to note that Right to Life is not only fundamental
but divine and sacred. Exodus chapter 20:13 provides thus:
“thou shall not kill”[3] similarly,
Leviticus chapter 24:17 provides that “and he that killeth any
man shall be put to death”[4] The Holy
Qur’an is not silent on this either, as it has laid several
provisions on the sanctity and sacredness of human life. Qur’an
chapter 6:15 provides thus: “take not life which Allah has made
sacred except by a way of justice”[5] it
also provide in chapter 5:32 “if anyone slew a person unless it
be for murder or for spreading mischief in the land, it will be as
if he slew the whole world and if anyone save a life it will be as
if he saved the whole world”. These are the extent the Holy
Scriptures guarantees and value human life. Who then are we
to take this life God considers precious wantonly, carelessly and
unjustifiably? It is however true that the right to life
as provided in the Constitution is not absolute despite the fact
that it is regarded as fundamental and chief of all rights.
Section 33 (2) (a), (b) and (c) of the Constitution Federal
Republic of Nigeria 1999[6] (as altered)
provides:
(2) a person shall not be regarded as having been deprived
of his right, in
contravention of this section, if he dies as a result of the
use, to such extent
and in such circumstance as are permitted by law of such
force as reasonably
necessary-
- for the defense of any person from unlawful violence or for
the defense of property; - in order to effect a lawful arrest or to prevent the escape
of a person lawfully detained; - for the purpose or suppressing a riot, insurrection or
mutiny.
The above provisions are the only law recognized reasons right
to life can be deprived or taken in Nigeria. It is indeed as
enshrined. One would ask, if the provision of the constitution on
right to life is beautiful as said. What then could have triggered
this article? It is simple as the question. Right to life in
Nigeria has become a fantasy, figment and the greatest fiction one
could ever think of. Nowadays, it only exist on papers and enforced
on air.
During the 1999 administration of Chief Olusegun Obasanjo an
entire community in Bayelsa State was wiped out for no just cause.
It was reported then that men of the Nigerian Army invaded the
community in broad day light around 1 pm at did the dastard
act.[7] Although this act was greeted by wide
condemnation from local and international civil rights group
including Amnesty International, however the violation of this
right has not stop but rather has increased daily in Nigeria.
In the early 2000s the militant were on rampage, killing maiming
and destroying in the name of “fighting for their rights”. These
incidences of massive human rights violation, especially right to
life then was just like a preamble to the body of wanton, senseless
killings and destruction which are witnessing now in Nigeria.
Boom! It was just like a joke that in 2007 our greatest
“friends” who are not different from calamity was born. It was
reported that the deadly Boko Haram terrorist sect since it began
operation in 2007 has displaced over 2.5 million people, rendered
over 244,000 people homeless and killed over 37,500 people and
still counting.[8] It is clear that the battle
against the insurgent had been compromised long ago hence it has
become a fate we cannot escape and doomed to experience if the war
is not channeled in the right direction. Our fathers, mothers,
brothers, sisters and friends are gruesomely murdered and hacked to
death by terrorist in North East. I make bold to ask. How have our
right to life faired in the past twenty one years? What wrong have
we done to warrant been slaughtered on daily basis? Who have stolen
section 33 from our Constitution? These and other numerous
questions are begging for answers with no attention from any level
of Government. What a pity that we dug the grave that now consume
us!
Furthermore, it did not end with Boko Haram at all, the
herders-farmers crisis which have claimed dozens of life is another
critical bone stuck in our throat. Right to life in Nigeria is not
more than a dream, a prophecy which awaits manifestation. It
remains a utopian society which may never materialized. Hardly did
we finished expressing our sorrows and counting our losses in the
hands of all these misfortune and unfortunate events than the
bandits sprang up from their camp to unleash hell and mayhem on us.
Time will fail me if I vividly talk about the various atrocities
occasioned in violation of right to life in Nigeria.
In continuation, little do we know that we would become prey in
the hands of those who are payed from the tax payers’ money to
protect and defend our right to life from miscreants and hoodlums
alike. Sadly the policemen have become the monster that steal our
life on daily basis. The Nigerian Army is not left out of this
inhumane and ungodly act of unlawful display of naked power against
Innocent citizens either. In 2015 it was reported by the Amnesty
International that the Nigerian Army opened fire on peaceful Shia
protesters killing about 350 of them in Zaria[9]
Similarly, in 2020 it was reported that the Nigerian Army carried
out a massacre of constitutionally backed END-SARS protesters
demanding for their right to life in the hands of the disbanded
notorious police unit SARS at Lekki toll gate in Lagos.[10] Only recently our social media went into tears as
the Nigerian Army was reported to have killed about seventy
persons, demolished farms, schools and Hospitals in Konshisha Local
Government Area of Benue State in retaliation of the killings of
their colleagues by alleged militias.[11]
These are the kind of story that characterizes Nigeria on daily
basis. It is the kind stories you find in our dailies, radio and
television stations. Who dare say we have right to life in Nigeria?
Who dare counter the fact that right to life in Nigeria is a
fiction? I therefore make bold to say that right to life in Nigeria
is a fiction, a figment, a utopian and a castle built in the air!
What we are witnessing in this part of the world is not more than
bloodshed in North as well as bloodshed in the South, it is not
more than bloodshed in the East as well as bloodshed in the West!
Our right to life in Nigeria only exist on papers, it is a
mirage!
CONCLUSION/RECOMMENDATION
It is trite from the foregoing that it is the responsibility of
the Government at all levels to create an enabling ground for the
enforcement and protection of our fundamental rights, right to life
inclusive. It is also a common knowledge and a notorious fact that
these rights are enshrined in the Constitution of the Federal
Republic of Nigeria 1999 (as altered) although it is painful that
such enabling environment needed for the protection of our right to
life has not been guaranteed in Nigeria. It is indeed sad that our
right to life in Nigeria only exist on paper hence a fertile ground
for the violation of this right exist. It is sadder that government
security set-up charged with the responsibility of protecting this
rights, are the one gruesomely snatching our life from our body.
This only happen in Nigeria and not Nations that value the life of
their citizens. For this act of insane and blatant disregard to
right to life to be curb in Nigeria, Government must as a matter of
urgency as opined by John Locke, Thomas Hobbes, Ross and Thompson
that “whoever kills has forfeits his right to
life”, implement the following:
- Responsibly address insecurity in the country
- Tame the increasing rate of communal crisis and farmers-herders
clash - Strengthens security at our boarders to monitor and prevent the
influx of arms into the country - Responsibly sanction fundamental rights violation by personnel
of security agencies in the country - Train and retrain security personnel on the sacredness of human
right to life - Set up commission that would specifically monitor right to life
violations as any harm or defeat suffers by right to life affects
all fundamental rights in the country - Aggressively embark on National Orientation on the divinity and
sacredness of right to life - Actively and reasonably engage religious and traditional
leaders on teaching their followers the need to uphold and respect
the sacredness of human right to life - Establish a special court that will see to the prosecution of
human rights violation especially right to life.
If these are rightly and reasonably implemented we will begin to
breathe fresh air Nigeria!
Stephen Peter Okangla writes from the University of
Maiduguri, he has great penchant for Oil and Gas, Criminal Law,
Constitutional Law, International Law, Human Rights Activism,
Litigation, Corporate practice and Lecturing. He can be reach
via:
Phone No: 08132040369
Email: stephenokangla@gmail.com[1]
[1] Constitution of the Federal Republic of Nigeria
1999
[2] (1985) 2 NWLR (PT. 6) 211
[3] The Holy Bible, King James Version
[4] ibid
[5] The Holy Qur’an
[6] Op.cit
[7]https://www.nytimes.com/2001/10/30/world/nigeria-army-said-to-massacre-hundreds-of-civilians.html[2]
<accessed 12th April, 2021
[8] https://www.cfr.org/global-conflict-tracker/conflict/boko-haram-nigeria[3]
<accessed 12th April, 2021
[9]https://www.amnesty.org/en/latest/news/2016/04/nigeria-military-cover-up-of-mass-slaughter-at-zaria-exposed/[4]
<accessed 13th April, 2021
[10]https://www.amnesty.org/en/latest/news/2020/10/nigeria-the-lekki-toll-gete-massive-new-investigative-timeline/[5]
< accessed 13th April, 2020
[11]https://saharareporters.com/2021/04/09/breaking-how-nigerian-soldiers-killed-over-70-innocent-persons-demolished-farma-schools[6]
<accessed 13th April, 2021