What are the fundamental rights guaranteed in the Nigerian Constitution?
Best insight from top research papers
The Nigerian Constitution guarantees various fundamental rights, including the right to freedom of expression , economic, social, and cultural rights (ESCR) , the right to life and access to resources for well-being , and fundamental human rights enforced by the federal high court . These rights are essential components of the legal framework in Nigeria, ensuring that citizens are entitled to certain privileges and protections. The Constitution recognizes the importance of upholding these rights to maintain a free and civilized society, reflecting the country's commitment to international human rights standards and obligations. Despite some challenges and inconsistencies in enforcement, efforts are being made to address issues such as discrimination and jurisdictional conflicts to enhance the protection and realization of these fundamental rights for all Nigerians.
Answers from top 4 papers
More filters
| Papers (4) | Insight |
|---|---|
1 Citations | Not addressed in the paper. |
2 Citations | The Nigerian Constitution guarantees fundamental rights such as the right to equality, ownership of properties, and rights that can be restricted or left to the legislature to confirm. |
| The Nigerian Constitution guarantees fundamental rights, including economic, social, and cultural rights, which are essential components of human rights under the International Covenant on Economic, Social, and Cultural Rights. | |
| The Nigerian Constitution guarantees the right to freedom of expression, recognized in various international human rights conventions, but faces challenges in practical implementation. |
Related Questions
What are fundamental rights?4 answersFundamental rights are main, most important, basic rights that are protected by various legal instruments such as the European Convention on Human Rights (ECHR), the EU Charter of Fundamental Rights, and international treaties. These rights are connected to basic social values, have a hierarchical position in the system of human rights, and aim to protect individuals from excessive state interference. The recognition and codification of fundamental rights have evolved over time through organic development or as a result of cataclysmic events in different countries. The protection of fundamental rights is primarily the responsibility of states and local communities, with institutions and control mechanisms shaped by their respective histories, traditions, and legal cultures. Adjudication of fundamental rights can be conducted by ordinary courts or separate constitutional courts, depending on the country. Overall, fundamental rights provide a reliable framework for protecting individuals and their basic social values.
What are the laws that prohibit bearing arms against the federal government in Nigeria?4 answersThe Nigerian Constitution guarantees the right of citizens to bear arms for the defense of their life and property from unlawful violence. However, there are laws in place that restrict this right. The Firearms Act and other legal frameworks impose restrictions on the possession, import, export, and circulation of firearms in Nigeria. Additionally, the Terrorism (Prevention) Act 2011 and the Criminal Code Act also have provisions related to the use of firearms. These laws aim to control the proliferation of small arms and light weapons, combat armed robbery, and prevent terrorism. It is important to note that the implementation of these laws faces challenges, such as the lack of governmental willpower and commitment. The Nigerian government has also been urged to pass bills that would strengthen arms control and amend outdated legislation.
What are the main challenges to enforcing copyright law in Nigeria?5 answersThe main challenges to enforcing copyright law in Nigeria include weak enforcement and non-implementation of protection laws. The Copyright Act of 2004 was the principal legislation for the protection of innovative works, but it has been replaced by the new Copyright Act of 2023, which aims to expand the rights of authors and address challenges posed by digital and online use of copyright works. However, the effectiveness of the new Act will depend on the creation of strong enforcement mechanisms. Additionally, there is a need to educate creative workers in Nigeria about intellectual property and copyright laws. The vulnerability of internet copyrighted materials is also a challenge in the digital age. Overall, the challenges to enforcing copyright law in Nigeria stem from weak enforcement, non-implementation of protection laws, and the need for education and awareness among creative workers.
Advantages of human rights law in Nigeria?5 answersHuman rights law in Nigeria has several advantages. Firstly, it provides a framework for addressing development challenges and promoting equality, particularly in terms of human capital development and investment. Secondly, it helps in demanding accountability, compelling actions, and sanctioning violations, thereby protecting and respecting human rights. Thirdly, it empowers individuals and provides avenues for pursuing remedies, especially in relation to the right to health. Additionally, human rights education in schools promotes social cohesion, conflict prevention, and the development of democratic values. However, despite these advantages, there are still challenges in the effective implementation of human rights law in Nigeria, including violations such as extra-judicial killings and unlawful detentions.
What factors contribute to the high rate of criminality in Nigeria today?5 answersThe high rate of criminality in Nigeria today is influenced by several factors. One major factor is the unaffordability of education, which leads to a lack of opportunities for young people and pushes them towards criminal activities. Another contributing factor is economic distributive injustice, which results in high levels of poverty and insecurity in the country. Urban poverty, congestion, unemployment, and moral decadence also play a role in the prevalence of crime in urban areas. Youth unemployment is particularly associated with the increase in crimes such as armed robbery, kidnapping, and terrorism. Additionally, lack of meaningful empowerment by the government and unemployment contribute to high crime rates among Nigerian youths. These factors highlight the need for government intervention through reducing school fees, addressing economic injustice, creating employment opportunities, and meting out appropriate penalties to deter crime.
Cases on fundamental obligations of government in nigeria?5 answersCases on the fundamental obligations of the government in Nigeria have been a subject of intense debate among scholars and legal practitioners. The enforcement procedure for fundamental rights provisions in Nigeria has remained unchanged since 1979, despite the procedural complications and hindrances faced by citizens in seeking redress for the infringement of their rights. The living standards of local government employees in Nigeria are significantly lower compared to other levels of government, highlighting the need for appropriate strategies such as constitutional amendments and granting autonomy to the local government. In the context of a modern state, the concept of natural rights has lost its force, as positive law takes precedence over any law of nature. Poverty among Nigerians has hindered the enforcement of fundamental rights, leading to the recommendation of making socio-economic rights justiciable in Nigerian courts.