Since 1960, the ruling class has always entrenched fundamental rights in the Consitution. But as the fundamental rights are limited to civil and political rights the majority of the Nigerian people have been excluded from enjoying them due to poverty. The fundamental objectives and directive principles of State policy have been entrenched in the 1979 & 1999 Constitutions with a proviso on non-justiciability.
Upon realizing that civil and political rights cannot be enjoyed by the people to the exclusion of socio-economic rights the human rights community pressurized the Federal Government to actualize the fundamental objectives. In its reaction to the campaign the Federal Government ratified and domesticated the African Charter on Human and Peoples’ Rights. In addition the United Nations’ International Covenant on Economic, Social and Cultural Rights has been ratified by Nigeria.
However, the Federal Government has failed to fulfill its obligations to the Nigerian people in line with the provisions of the aforesaid international human rights instruments. As if that is not enough, the Federal Government has willfully disregarded several laws enacted for the actualisation of the fundamental objectives. Such laws include the Child’s Rights Act, the Compusory, Free Universal Basic Education Act, Pension Reforms Act, National Minimum Wage Act, National Housing Act, Legal Aid Act, National Human Rights Commission Act, Petroleum Equalization Act, etc. The Federal Government has equally disobeyed the several judgments of local and international judicial tribunals.
In particular, the directive of the Community Court of Justice, Ecowas that every Nigerian child be given free and compulsory education from primary to junior secondary education; the order of the Federal High Court that the Nigerian Education Bank be established to give loans to indigent students in tertiary institutions, the directive of the same court that the Peoples’ Bank be tee stablished have been ignored by the Federal Government without any justification.
The Police and other security agencies have been regularly indicted for subjecting suspects to torture and others forms of indignity. Many innocent persons have been extra-judicially murdered. Detention without trial is a common phenomenon. Court orders for the release of detained persons are routinely treated with contempt. Like a failed State the Government has conceded the monopoly of violence to criminal gangs. Unarmed citizens are kidnapped on a regular basis. To secure the release of victims their family members are made to pay ransom running to millions of Naira. In many instances, the Government pays the ransom demanded by the criminal forces. Terrorist attacks are on the increase. Towns and villages are taken over with little or no resistance from soldiers while women and girls are abducted and enslaved.
As we mark the 2014 Human Rights Day the Nigerian people must demand for adequate security for the life and property of every person. The Federal Government should comply with all judgments of the courts while security personnel who abuse human rights are sanctioned. To enable the majority of the pele to enjoy civil and political rights the Federal Government should set up the necessary agencies for the implementation of socio-economic rights without delay. We urge Nigerian not to vote for political parties and candidates who are not committed to the observance of fundamental rights.
Mr. Falana, a Senior Advocate of Nigeria, SAN, the Nigerian legal velvet club, contributed this piece today in commemoration of the World human Rights Day,
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