The various challenges of security in Nigeria and its influence on the Rights of the Common Man

1. A REPORT
ON
ASSESSMENT ONE – SECURITY IN NIGERIA AND ITS INFRINGEMENT ON HUMAN RIGHTS
BY
GEORGINA OGHENEKEVWE SULE (MRS)
REG. NO. USER11033986

2. CONTENTS
1. Abstract
2. Introduction
3. Review of Related Literature
4. Cases of Security Infringement in Nigeria and Its Effect
5. Conclusion / Recommendation
6. References

3. ABSTRACT
This study seeks to unveil the state of Security in Nigeria and the extent it has impacted on the Human Rights of the average
Nigerian citizen.
The key related words to do with the title of the study were defined properly in order to give the study a clear understanding and
the direction of the report.
Efforts were taken to present an un-biased report especially as some of the Case Studies highlighted were dealt with vis – a – vis
the dictates of the International Covenants on Civil and Political Rights (ICCPR). The highlights of the 1999 Federal Constitution
of Nigeria were also brought to fore in other to give the Study the needed Nigerian touch.
The Study commenced with an Introduction and followed by the Literature Survey of the Study which gave it the needed scope of
the entire study.
Highlights of some Case Studies of events that happened in Nigeria which depicts and elucidates the infringements of the human
rights of the citizens have been confronted with.
The study has been successful in achieving the aims and objectives of the Study.

4. INTRODUCTION
Nigeria is a country in West Africa with a population of about 209,974,007. It is the most populous country in Africa and the most
populous black nation in the world.
It is worthy to mention that human rights, according to the Amnesty International Nigeria (2019), are currently protected by the
1999 Constitution of Nigeria.
DEFINITION OF KEY RELATED TERMS
SECURITY
The Cambridge English Dictionary defined “Security” in the form of “protection” while Dictionary.com, an online dictionary,
defined it in terms of “freedom from danger and risk”
For the purpose of this report, Security is the ability of national government of a state to protect its citizens from any form of threat
which includes territorial, economical, financial etc. It includes the mobilization and protection of the citizens of a state against
anything that poses as an eminent threat.

5. REVIEW OF RELATED LITERATURE
INTRODUCTION
Nigeria is a country in West Africa with a population of about 209,974,007. It is the most populous country in Africa and the most
populous black nation in the world.
It is worthy to mention that human rights, according to the Amnesty International Nigeria (2019), are currently protected by the
1999 Constitution of Nigeria.
DEFINITION OF KEY RELATED TERMS
SECURITY
The Cambridge English Dictionary defined “Security” in the form of “protection” while Dictionary.com, an online dictionary,
defined it in terms of “freedom from danger and risk”
For the purpose of this report, Security is the ability of national government of a state to protect its citizens from any form of threat
which includes territorial, economical, financial etc. It includes the mobilization and protection of the citizens of a state against
anything that poses as an eminent threat.

6. REVIEW OF RELATED LITERATURE
INFRINGEMENT
The Cambridge Dictionary defines “Infringement” as an action that breaks a law. While the Merriam Webster defines
“Infringement” as “a Violation or an encroachment on one’s right” could be defined as a breach or violation. Infringement is the
violation of a rule of law which incurs legal consequences. Infringement means to encroach on the rights of another. It therefore
implies the breach of an agreement that is applicable in certain situation.
BACKGROUND HISTORY TO THE STUDY
The most trending news in the social media in Nigeria today bothers on the encroachment of the rights of the average Nigerian
citizen.
However, the average Nigerian citizen no longer possess that freedom of movement as enshrined in the constitution of the Federal
Republic of Nigeria because the law enforcement officers employed by the government of the nation to protect her citizens, have
derailed from their main responsibility of ensuring lives and safety, have become the hunters of the lives of its citizens especially
the young adult.
The country Nigeria has played a crucial role and have participated in the signing and ratifying of international human rights
treaties, but has been challenged significantly when such treaties are to be implemented in the domestic sphere.

7. REVIEW OF RELATED LITERATURE
International treaties can only gain operation in Nigeria, only when they have been ratified by the two legislative houses in Nigeria
– the House of Representatives and House of Senate. Despite the afore mentioned, the Nigerian constitution protects civil and
political rights of his people. The laws of the Nigerian constitution is treated as supreme, (Egede, E, 2007), and the Supreme Court
of Nigeria Supreme more often than not, resolves conflicts in favor of the Constitution, hence truncating the expansion of human
rights.
As a young adult, there is no freedom movement of expression, dressing, association etc. this is because the custodians of the law
are tormentors. Parents can no longer freely send their children on errands and expect their safe return without worries. As these
law enforcers now go about in the broad daylight abducting innocent youth as criminals for offences like possessing i-phones,
laptops, having too much money in their bank accounts. Or offences such as wearing baggy trousers, making dreadlocks or tinted
hair, wearing sun shades .etc. These law enforcement officers degenerated to the point of extorting money from their victims in
exchange for freedom. Those who are unable to bail themselves out are left to face the cruelty of these taskmaster who charge
them for serious criminal offences. The unlucky one are exchanged with convicted criminal by the highest bidders.
The rivalry between the Christian farmers and the muslim farmers (Fulani herdsmen) is an issue for security concern in Nigeria.
The rate of violence has increased because these Fulani herdsmen as they are popularly called are becoming stronger and more
violent in their approach by the day.

8. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS
RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY
The report on the Freedom to a Peaceful Assemble has recorded mixed reports in Nigeria by the Human Rights Watchers. On 21
October 2020, there was a report from the Amnesty International that at least 12 persons were killed and hundreds were severely
injured by the Police and Soldiers who opened fire with live ammunition at unarmed protesters at the Alausa and Lekki Toll Gate
in Lagos. To make matters worse, the Amnesty International asserted that the CCTV cameras were dismantled to forestall the
collection of evidence.
By virtue of the 1966 International Covenant on Civil and Political Rights (ICCPR), Article 21 approves the right to a peaceful
assembly, providing that:
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those
imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public
safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

9. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
There is need to substantiate the impact The Article 21 of the International Covenant on Civil and Political Rights (ICCPR),
covenants that the government should not interfere with demonstrations but should have a duty toward the protection and
fulfillment of the right of the people to a peaceful assembly.
Worthy of mention is to state categorically that Nigeria is not a signatory to the First Optional Protocol to the ICCPR, which
permits individuals to escalate to the Human Rights Committee if they feel or believe that their human rights has been violated as
stated under the Covenant.
The provision of the Constitution of Nigeria under Section 40 of the 1999 Constitution of the Federal Republic of Nigeria (as
amended), that every individual or person has the right to freely assemble, gather and mingle with others, but restricted under
Section 45, if and only if, defence, public safety, public order, public morality or public health and the rights or freedoms of others
is not jeopardized.
Under international law, the duty on the state and its law enforcement agencies is to facilitate the enjoyment of the right of

10. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
peaceful assembly. According to the 1990 United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials:
• In the dispersal of assemblies that are unlawful but non-violent, law enforcement officials shall avoid the use of force or,
where that is not practicable, shall restrict such force to the minimum extent necessary.
• All force used by police and other law enforcement agencies must be necessary for a legitimate law enforcement purpose and
proportionate to that purpose.
• Where the military has been called to assist the police, it should act in accordance with the same standards concerning
facilitating assemblies and the use of force as the police.
RIGHT TO FREEDOM TO EXPRESSION
Article 19 of the Universal Declaration of Human Rights (UDHR), protected freedom of opinion and expression in the following
terms

11. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and
to seek, receive and impart information and ideas through any media and regardless of frontiers.
Freedom of speech is now considered to be a norm of customary international law (Triggs, G., 2011).
Under the ICCPR, Article 19(2), states that:
Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of
his choice
(Howie, E., 2018) emphasized that freedom of expression guarantees the enjoyment of other rights.
The Nigeria’s constitution Chapter 4 Section 39 (1) covenants the right to freedom of expression as follows:

12. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and
information without interference.
The introduction of hate speech into the above freedom of speech, has made it extremely difficult for the Federal Government of
Nigeria to maintain a balance between the earlier and the later
By virtue of this, a reviewed zeal to forestall the freedom of speech has gained prominence within a short space of time. (Ewang,
A., 2019) cited instances of breach in the Freedom of Expression rights. Paraphrasing,
Two years ago (in 2019), the licences of the African Independent Television (AIT) and Raypower Radio station were suspended
consequent on the fact that they posted materials that threatened the peace and stability of Nigeria.
In the month of August 2018, a journalist with the Premium Times was arrested because he reused to reveal the sources of his
publication. Also, in January of that same year, armed soldiers stormed the offices of Daily Trust newspapers and detained staff
for publishing military information that were assumed to be classified.

13. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
RIGHT TO FREEDOM OF MOVEMENT
Chapter 4 Section 41(1) of the 1999 Federal Constitution of Nigeria states as follows:
Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof, …
Also, Article 12 of the ICCPR states:
1.Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to
choose his residence.
2.Everyone shall be free to leave any country, including his own.
3.The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to
protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are
consistent with the other rights recognized in the present Covenant.
4.No one shall be arbitrarily deprived of the right to enter his own country.

14. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
RIGHT TO FREEDOM OF ASSOCIATION
Section 40 of the Constitution of the Federal Republic of Nigeria 1999 provides the basis of the freedom to associate, as follows:
Every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any
political party, trade union or any association for the protection of his interests.
Article 22(1) of the ICCPR states as follows:
Article 22
1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the
protection of his interests.
(Okene, O. V. C., 2006) narrates succinctly in his research paper a typical episode in Nigeria that reflects the infringement of the rights of
Nigerians as follows:

15. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
In 2002, shortly after the Nigerian Labour Congress (NLC) declared a nationwide strike over the increase of petroleum prices,
security agents rounded up Adams Oshiomhole, the NLC president, and several other labor leaders, including Dr. Dipo Fashina,
president of the Academic Staff Union of Universities (ASUU). Sixteen other union leaders were arrested in Port Harcourt, Rivers
State, while twenty-five persons, including the state secretary of NLC, Wale Olaniyan, were locked up in Ogun State by the police.
The case study above shows clearly that the Safety and Security of Nigerians have not been safeguarded despite being enshrined in
the Local Constitution and International Agreement
RIGHT TO LIFE
Nigeria’s Constitution Chapter IV Section 33(1) stipulates that:
33. (1) Every person has a right to life, and no one shall be deprived 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.
This also emphasized by the ICCPR Article 6(1) as follows:
Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of
his life

16. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
RIGHT TO HUMANE TREATMENT
The defunct Special Antirobbery Squad (SARS) on several occasions, tortured their detained victims to extract confessions under
duress. The Inspector general of Police intervened by asking the SARs officers to follow the due process which they reneged on.
This inhuman treatment culminated to the #EndSARS in Nigeria which demanded for the disbandment and prosecution of SARS
officers in Nigeria.
Going by the ICCPR covenants, this is highly condemnable based on the following:
Article 7
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be
subjected without his free consent to medical or scientific experimentation.
Article 10
1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human
person.

17. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
Also the Nigeria’s Constitution of 1999in Section 34 (1), emphasized as follows:
34.(1) Every individual is entitled to respect for the dignity of his person, and accordingly -
(a) no person shall be subject to torture or to inhuman or degrading treatment;
(b) no person shall he held in slavery or servitude; and
(c) no person shall be required to perform forced of compulsory labour.
RIGHT TO FAIR TRIALS
Nigeria’s Constitution of 1999
36.(1) In the determination of his civil rights and obligations, including any question or determination by or against any
government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal
established by law and constituted in such manner as to secure its independence and impartiality.
This has not been the case in Nigeria as many Nigerians have been put behind bars despite the rulings of the court to grant them
bail to proceed for health treatment. The case of Dasuki is a typical example in Nigeria who was detained for diverting about $2.1
billion from funds meant for the war against terrorism. According to (Yahaya H., 2019), he was incarcerated and detained by the

18. CASES OF SECURITY AND ITS INFRINGEMENT IN THE HUMAN RIGHTS OF NIGERIANS CONTD.
State Security Services since 2015 and regained freedom, four years later.

19. CONCLUSION / RECOMMENDATION
Human rights are the basic rights and freedom which enables a person to live freely, equally, with dignity and co- exist peacefully
with other people. it includes the following: the right to life, free of association, freedom of thoughts and expression, etc. These
rights are endowed naturally. That is to say that it comes by virtue of ones existence. It cannot be earned or denied for any reason.
Rather, they are protected by the government to avoid infringement.
To ensure maximum protection of the fundamental human rights of every citizen, the African Union have laid down standards
referred to as the Universal Declaration of Human Rights for its members which they are mandated to obey upon ratification.
Members who are in default of conformity are sanctioned adequately. This practice has been effective over the years.

20. REFERENCES / BIBLIOGRAPHY
REFERENCES
Amnesty International Nigeria (2019) Nigeria: Human Rights Agenda. Amnesty International Nigeria – via Amnesty.
Cambridge English Dictionary https://dictionary.cambridge.org/dictionary/english/security
Dictionary.com Online Dictionary https://www.dictionary.com/browse/security
Egede, Edwin (2007) Bringing Human Rights Home: An Examination of the Domestication of Human Rights Treaties in
Nigeria. Journal of African Law. 51(2): 249 – 284 doi:10.1017/S0021855307000290.Archived from the original on 23 July 2018.
Retrieved 24 November 2019.
Ewang, A. (2019) Nigeria’s Wavering Commitment to Freedom of Expression. Broad Claims of National Security Threatens
Rights https://www.hrw.org/news/2019/06/28/nigerias-wavering-commitment-freedom-expression
Howie, E. (2018) Protecting the human right to freedom of expression in international law, International Journal of Speech-
Language Pathology, 20:1, 12-15, DOI: 10.1080/17549507.2018.1392612
Merriam – Webster Dictionary, https://www.merriam-webster.com/dictionary/infringement
Okene, O. V. C. (2006) Accountability, Effectiveness, and Independence — Striking the Proper Balance Curbing State
Interference in Workers’ Freedom of Association in Nigeria Volume 8, Issue 4, August 2006
https://www.icnl.org/resources/research/ijnl/curbing-state-interference-in-workers-freedom-of-association-in-nigeria-2

21. REFERENCES / BIBLIOGRAPHY CONTD.
Triggs, G. (2011) International law: Contemporary Principles and Practices (2nd ed.). Sydney, Australia: LexisNexis Butterworths
Yahaya,H. (2019) Review: Sambo Dasuki’s long road to ‘freedom’ Publishedby Premium Times December 26, 2019.
BIBLIOGRAPHY
Laws on the Right of Peaceful Assembly Worldwide https://www.rightofassembly.info/country/nigeria
Nigeria 2018 Human Rights Report, https://www.state.gov/wp-content/uploads/2019/03/Nigeria-2018.pdf
International Standards Regarding the Handling of Demonstrations by Marta Achler and Martin Scheinin June 10, 2020
https://www.justsecurity.org/70683/international-standards-regarding-the-handling-of-demonstrations/