Abstract
The problem we
have sought to address entails a investigation of the implications of human
right violation in Nigeria. We shall equally be examining the extent of human
right violation in Nigeria. The Universal Declaration of Human Rights (UDHR)
was unanimously adopted and proclaimed by the United Nations through the
General Assembly Resolution 217A (111) on the 10th of December, 1948. Since its
declaration, it has become fashionable for most countries of the world (Nigeria
inclusive) to entrench the catalogue of rights in their national constitutions.
Regrettably, in Nigeria and indeed in Africa, people are usually subjected to
physical and mental torture. The case of accidental discharges, domestic
violence, detention without trial, kidnappings, and police brutality are common
occurrences. In short, the Nigerian experience has shown the level at which
peoples’ integrity and dignity are not respected and protected in the society.
It is against this backdrop that this paper examines the challenges of human
rights abuses in Nigeria. It also explores some conceptual clarifications and
further examines various threats to human rights in Nigerian society.
CHAPTER ONE
INTRODUCTION
1.1 Background of the Study
Human rights are those
categories of rights that nature has bestowed on man. They presume the
sacredness of the human person in any society in the world to doggedly resist
any constraints upon this right as they underlie his humanity and freedom. In
its modern form, where the dominant terminology has taken the phrase human
rather than natural human right is defined as a universal moral right,
something which all Men, everywhere, at all times, ought to have and something
of which no one may be deprived without grave affront to justice Something
which is owing to every human Being simply because he is human. Issa Shivji
goes to opine that: There is only one universal conception and Formulation of
human rights. Human rights are universal. They inhere in human beings by virtue
of their humanity alone they are neither privileges nor contingent upon any
duties by entitlements against the state. Conceptually, the dominate outlook on
human right‘ centers around the concept of human nature‘. Human nature is an
abstraction both from history as well as society. (Klenner, 208,p8).
This study demonstrates that
the crisis of human right violation does not only threaten the citizens of a
country and the “dividends” of democracy presumably expected by all and sundry,
but also impacts negatively on the practice of human rights in Nigeria. The
crisis of governance has become so pervasive in the country since independence.
For Akinola (2000), “poor governance has been the plight of Nigeria since the
country attained political independence in 1960”. Also, it has become pervasive
because in the practical terms the various governments in Nigeria have tended
to be non-transparent, irresponsible and non-accountable to those who
supposedly elected them into office. Despite the yearnings of the people for
good government, bad governments have over the years tended to remain with us.
There is a general consensus
that the operators of the Nigerian state have abysmally failed to live up to
the hopes and expectations which the Nigerian people expressed while supporting
the struggle for political independence. Nigerians had yearned, and hoped for
among other expectations that, self-rule would engender good governance,
furtherance of the fundamental rights and freedoms of the people, and a
comprehensive socioeconomic and political transformation of the society.
However, shortly after the
departure of the British colonialists, the Nigerian rulers crassly demonstrated
that the noble virtue of promoting the overall well being of the Nigerian
masses was not among the reasons for which they (the elites) had asked for
political independence. Indeed, the quality of governance in Nigeria tended not
only to steadily grind all efforts to achieve rapid socioeconomic and political
development of the country, but also on several instances pose challenges to
the peace, progress, unity and prosperity of the nation. In this paper, we
shall attempt to draw attention to the grossly inept leadership and crisis of
governance which have plagued Nigeria, and argue how these have facilitated the
violations of the basic rights of the Nigerian people.
Our analysis is drawn from the experience of
the Fourth Republic (1999 to 2007). This paper is therefore structured as
follows; the introduction; the concepts of governance and human rights in their
proper definitional perspectives; some lessons drawn from history on the
violations of human rights in Nigeria; the phenomenon of bad governance, and
how it stimulated the violation of human rights in Nigeria’s Fourth Republic;
conclusion.
1.2 Statement of Problem
Human right violation the
world over, has become an ignominious act which attract the condemnation and
attention of international organizations like UN, the Common Wealth, AU,
Governmental Organization and others. Nigeria as a sovereign state has not
fared any better in the protection of fundamental human rights of her citizens
instead, it has been a situation of wanton abuses of their inalienable rights
with impunity. The regimes of General Babangida and Sani Abacha witnessed
widespread human rights violation. Both regimes ushered in unprecedented levels
of political and economic regimentation in Nigeria,, and the scale of violation
of human rights abuses reached such magnitude that it led to widespread
dissatisfaction in all spheres of the society. (Owunwa, 198, p.189) For instance,
the resulting absence of legal restraints on agents of the regimes gave free
rein to human right violations. The human right abuses of the regime were
perpetuated by the government through their agents operating in different
institutions and agencies of the state. Most prominent were the armed forces,
including the paramilitary organs of the state such as the State Security
Services (SSS), the customs and Prisons Services, the National Intelligence
agency, and the Police Force. They all collaborated extensively in launching an
all-out war, on behalf of the ruling junta, against human rights issues and
activists. Soon enough, civil officials of known human rights inclinations were
suspended dismissed or retired from public service institution. Others, such as
academic, intellectual and European Scientific students union a activists that
also maintained similar posture as that of the human right activists, were
either harassed, brutalized or arrested (in the case of the former two), or
were rusticated or expelled in the case of the later In 1988, some leaders of
the Nigeria Labor Congress were detained for criticizing the General Babangida
regime on SAP and when in 1993 striking ASUU members refused to be intimidated
by threats from the regime, which were expected to force them back to lecture
halls without first of all meeting their demands, the regime issued the
Teaching (essential Services) Decree under which teachers all levels of
educations would lose their jobs if they went for more than one week. It is remarkable
that in the opinion of Bola Ajibloa, violation of human rights was quite
compatible with military rule. In an address that he delivered at the Nigerian
Bar Association conference in Kaduna in September 1988, on the theme Courts and
Liberties in Military Revolution, he opined thus If we accept that a military
regime is an Aberration, then we should be prepared to Logically assume that it
cannot satisfy the Condition of regular government in terms of Human rights.
(Tell Magazine, 1993, p.6). To secure his regime, he clamped Chief M.K.O Abiola
into jail. Shortly after, General Olusegun Obasanjo, Chief Frank Kokori and
countless others followed. The right to freedom of expression and the press was
at best in abeyance, owing to the fact that newspaper houses were shut down on
official orders or were fire-bombed by unknown persons who always were never
apprehended by the police authority. The existence of the Strike Force, the
Directorate of Military intelligence (DMI) and the State Security Services (SSS)
further worsened the violation of human right On 10th November, 1995, Kenule
Beeson Saro Wiwa- a renowned figure whose repute was known worldwide on account
of his agitations for equitable appropriation and utilization of the oil wealth
of his community in particular and Niger Delta in general-and eight other Ogoni
environmental activists were sentenced to death by hanging. This was the climax
of years of struggle by the Ogonis in creating general awareness about the
environmental devastation that the exploration of crude oil in their
communities by foreigners in collaboration with the Nigerian government, has
wrecked on the indigenous peoples without noticeable improvement of their
standard of living. (Aron, 1966, p.32) Herein lies the problem of the study,
which is the establishment and evaluation of the dialectical relationship that
exists between human rights, its violations and what this portends for the
national security of the country such as Nigeria.
1.2 Research Objectives
1. To ascertain the implications of human right
violation in Nigeria.
2. To determine the extent of human right violation in
Nigeria.
1.3 Research Questions
1. Are there implications of human right
violation in Nigeria?
2. To what extent is
human right violated in Nigeria?
1.4 Research hypotheses
Hypothesis one
Ho:
There are no implications to human right violation in Nigeria.
Hi:
There are implications to human right violation in Nigeria.
Hypothesis
Two
Ho:
The extent of human right violation cannot be determined.
Hi:
The extent of human right violation can be determined.
1.5 Significance of the
Study
The problem we have sought
to address entails a discussion on the status and dynamics of human rights
violation from British to Post Independence in Nigeria. We shall equally be
examining the extent to which genuine democratization can resolve the
hydra-headed crisis of human right abuses. At the inception of the present
Fourth Republic in 1999 under the leadership of Olusegun Obasanjo, Nigerians had
a sigh of relief that democracy and its twin sister, the rule of law, which is
the basis for the protection of human rights, will come to stay. Unfortunately,
everybody was amazed and disappointed at the level of human rights violation
even in the democratic regime of Obasanjo.
1.6 Scope/ limitation of the
study
This study covered the
implications of human right violation in Nigeria and the researcher was faced
with a little problem while carrying out the research.
Limitations of study
Financial constraint– Insufficient fund tends to impede the efficiency of the researcher in
sourcing for the relevant materials, literature or information and in the
process of data collection through the internet, questionnaire and interview.
Time constraint–
The researcher simultaneously engaged in this study with other academic work.
This consequently cut down on the time devoted for the research work.