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A Threat to Fundamental Human Rights in Nigeria Between 1960 and 2015

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A Threat to Fundamental Human Rights in Nigeria Between 1960 and 2015 American-Eurasian J. Agric. & Environ. Sci., 17 (3): 265-272, 2017 ISSN 1818-6769 © IDOSI Publications, 2017 DOI: 10.5829/idosi.aejaes.2017.265.272 Insurgence: A Threat to Fundamental Human Rights in Nigeria between 1960 and 2015 Joshua O. Nweke Department of Sociology/Anthropology, Faculty of Social Sciences and Humanities, Ebonyi State University, P.M.B 053, Abakaliki, Ebonyi State, Nigeria Abstract: In 10th December 1948, the United Nations Organization adopted the bill on human rights by resolution 217a (111). By this act, the Universal Declaration of Human Rights was established. This placed Human Rights on a global agenda which certified its universality. This spurred regional bodies like Europe and America to declare convention for the protection of human rights and fundamental freedom in 1950 and 1969 respectively. Other nation states took a queue from Europe and America in adopting the universal human rights declaration. This paper is anchored on Marxist state theory. In Africa, the chatter on human rights was adopted in 1981 and came into force in 1986. In 1979, Nigeria signed it into law and it became part of the constitution of the Federal Republic of Nigeria. By the provisions of the constitution of Nigeria, all her citizens have rights to life, right to own properties, right to fair hearing, freedom of speech, freedom of religion, freedom of association, freedom of movements and so forth. These rights are not to be infringed upon by any individual, government, association or organization. In Nigeria, these rights have been infringed upon through the activities of both the military and insurgence. In the wake of Nigeria’s independence and in recent times, many lives have been lost due to insurgence. Since 2002 till date, lives and properties worth billions of USD have been lost due to the activities of Boko Haram insurgence especially in the North Eastern Nigeria. This has created a big security threat in Nigeria. The internal security of her citizens is in jeopardy. The citizens live in fear. At every moment, nobody can predict the next security threat. This paper underscores the extent of abuse of fundamental human rights and its implications to national development. This is a theoretical which explores measures that could be employed to address the security situation in Nigeria especially as it affects fundamental human rights abuse. The paper recommends the use of political will power and peace building as alternatives to insurgence in Nigeria. Key words: Boko Haram Fundamental Rights Insecurity Insurgence Threat INTRODUCTION The Universal Declaration of Human Rights on 10th December 1948 by the United Nations Organization Experiences of conflicts among individuals, war through resolution 217a (111) is a clear demonstration of between groups and communities, among nations and so its resolve to protect the rights of everyone world over. forth are clear demonstration of the security threats in By this single act, the UNO instituted the fundamental today’s world. Wars and threats of wars are the greatest human rights. This made every human person under this challenge the world is facing today. This has made the planet to have full rightful protection under the law United Nations Organization to establish basic control especially the spelt out rights that are fundamental [2]. measures that are geared towards fostering peace among In nations within the coverage of the UNO, the nation states. In nations where great danger is fundamental universal rights as were adopted are fused experienced, the United Nations declares a peace mission into their constitutions. In Nigeria, these rights formed to bring back peace which is the pivot to nation’s part of the 1979 constitution in which all Nigerian citizens development [1]. are supposedly protected. The unfortunate thing is that Corresponding Author: Joshua O. Nweke, Department of Sociology/Anthropology, Faculty of Social Sciences and Humanities, Ebonyi State University, P.M.B 053, Abakaliki, Ebonyi State, Nigeria. 265 Am-Euras. J. Agric. & Environ. Sci., 17 (3): 265-272, 2017 at different quarters, citizens are denied these rights. creature (Genesis 1:28b). It implies that no one can Through military dictatorship the constitutional separate the rights of man and morality. Morality speaks provisions of these rights were usually suspended and about those things that are right before God and man. replaced with Decrees. Also, the activities of insurgence Those rightful things which compel man to act the way he which breeds in serious terror, killings of innocent souls, does. The moral force creates the check to recognize destruction of properties and so forth work contrary to where a man’s rights end and where another man’s rights the provisions of the constitution in the protection of begin. fundamental rights of the citizens even in the civilian era. Of historic importance the development of human For instance, the resulting absence of legal restraints rights are the French revolution whose battle cry was on agents of military regimes gave free rein to human right equity, freedom and fraternity, the English petition of violations. The human right abuses of the military regime rights in 1627, the American declaration of independence were perpetuated by the government through their agents in 1776 and the French declaration of the rights of man operating in different institutions and agencies of the and citizens in 1789 [2]. In these scenarios, there was no state. Most prominent were the armed forces, including respect for human dignity. The sanctity of human persons the paramilitary organs of the state such as the State was in shamble. People were killed without question and Security Services (SSS), the customs and Prisons control. There was no enabling universal law that Services, the National Intelligence agency and the Police fundamentally protects human persons globally except as Force. These agencies always collaborate extensively in may be determined by some nation states. launching an all-out war, on behalf of the ruling junta, Before the UNO Declaration of Human Rights, most against human rights issues and activists. For instance, people never knew that other fellow human beings have Ibraham Badamasi Babangida’s military regime clamped certain rights like they do. For instance, the institution of Chief M.K.O Abiola into jail. Shortly after, the regime slave trade in Africa by the European powers, the killing threw General Olusegun Obasanjo, Chief Frank Kokori of about 6 million Jews in a gas plant by Germany between and countless others into jail without fair trials thereby 1938 and 1945, the implementation of apartheid policy in abusing their fundamental human rights. South Africa and many others are clear indication that at Infringements on the citizens’ fundamental rights several points, human rights were violated. In order to were more pronounced during the military era in Nigeria. guaranty the dignity of human person, the UNO declared The emergence of insurgence groups in the country the Universal Human Rights in 1948. worsened the situation. For instance, the emergence of a The bill for the Dec laration of Human Rights began group called Boko Haram and its devastating activities when in 1948 the bill was placed before the United since 2002 is very worrisome. The activities of this group Nations Assembly. Following exhaustive deliberations, are serious threat to development and the stability of the the bill was adopted by resolution 217a (111) of December country. No country can thrive economically, socially and 10th 1948. It is evident to note that following the universal politically in a climate of insecurity. That is why the issue human rights declaration by UNO, many countries of the of Boko Haram as a threat to national security and world began to fuse these rights in their constitutions. In development demands serious attention. Boko Haram has Africa, the chatter of Human Rights was adopted at become a very blood sucking pest on Nigerian society as Nairobi in 1981. The African Chatter of Human Rights has they strike with such ferocity that both Nigeria and the provisions for both civil and political rights. The civil world beyond are drawn to the question of the emergence rights includes: of this group and what they stand to gain after all [3]. Right to life; Scholars’ attention has been drawn to the effect of Right to the dignity of human person; insurgence to nation building with little emphasis on its Rights to personal liberty; and effects on the fundamental human rights. This paper Freedom of movement; therefore, underscores the activities of insurgence in Nigeria as a threat to the protection of fundamental human On the other hand, the political or moral rights include: rights. Peaceful assembly and association; Institution of Human Rights Act: Human rights freedom to express oneself; institution is dated back to the accounts of creation when Right to participate in government and; man was empowered to have dominion over every other Freedom of thought, conscience and religion. 266 Am-Euras. J. Agric. & Environ. Sci., 17 (3): 265-272, 2017 In Nigeria, the constitution provides fundamental The question whether any provision in chapter IV of basis for the protection of the citizens’ rights. Under the the 1979 constitution of the Federal Republic of law, Nigerian citizens have full protections of their Nigeria has been, is being or would be contravened fundamental rights. The Nigerian Government having by anything done or purported to be done in been part of the UNO’s universal declaration of human pursuance of any Decree shall not be inquired into rights and the adoption of the African charter on human in any court of law and accordingly, no provisions rights in Nairobi Kenya in 1981 had began to enforce of the constitution shall apply in respect of any such these rights in the 1979 constitution. The constitution question.
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