Chapter 1
Introduction
1.1
Background of the Study
Humans
as social beings are born with some rights. We hold these truths to be
self-evident that all men are created equal; that they are endowed by their
creator with certain inalienable rights that among these are; life, liberty and
the pursuit of happiness (Disu, n.d) Human
rights are rights inherent to all human beings, regardless of race, sex,
nationality, ethnicity, language, religion, or any other status (United
Nations, n.d). This is boldly entrenched in the Fundamental Human Right
as approved by the United Nations in 1948. Human
rights include the right to life and liberty, freedom from slavery and torture,
freedom of opinion and expression, the right to work and education, and many
more. Everyone is entitled to these rights, without discrimination
(United Nations, n.d).
The Fundamental Human Rights are provided for under Chapter
IV of the 1999 constitution. (Legal Naija, 2012). These rights include:
·
Right to life – Section
33 (1999 constitution) Every person has a right to life, and no one shall be
deprived intentionally of his life, save in execution of a criminal offence of
which he has been found guilty in Nigeria.
·
Right to dignity of human
person – Section 34 (1999 Constitution) Every individual is entitled to respect
for the dignity of person and accordingly no person shall be subject to torture
or to inhuman or degrading treatment.
·
Right to personal liberty
– Section 35 (1999 constitution) Every person shall be entitled to his personal
liberty and no person shall be deprived of such liberty.
·
Right to fair hearing –
Section 36 (1999 constitution) In the determination of a person’s civil rights
and obligations, every person shall be entitled to fair hearing.
·
Right to private and
family life – Section 37 (1999 constitution) The privacy of citizens, their
homes, correspondences and telephone conversations is guaranteed and protected.
·
Right to freedom of
thought, conscience and religion – Section 38(1999 constitution) Every person
shall be entitling to freedom of thought, conscience and religion, including
freedom to change his religion or belief.
·
Right to freedom of
expression and the press- Section 39 (1999 constitution) Every person shall be
entitled to freedom of expression, including freedom to hold opinions.
·
Right to peaceful
assembly and association – Section 40 (1999 constitution) Every person shall be
entitled to assemble freely and associate with other persons or political
party.
·
Right to freedom of
movement – Section 41 (1999 constitution) Every citizen in Nigeria is entitled
to move freely throughout Nigeria and to reside in any part thereof.
·
Right to freedom from
discrimination – section 42 (1999 constitution) No Nigerian shall be
discriminated upon on the basis of his community, ethnic group, sex, place of
origin and politician opinion.
·
Right to acquire and own
immovable property anywhere in Nigeria – Section 43 (1999 constitution) Every
Citizen shall have right to own immovable property anywhere in Nigeria.
·
Right against compulsory
acquisition of property – section 44 (1999 constitution)
The above are fundamental human rights enshrined
in the 1999 constitution and accorded to all Nigerians.
The section 33 provided for right for life, but what the
citizen has been subjected to is the opposite. The case of the Lekki shooting
during the End SARS protest proved how that human right has been trampled upon
in Nigeria. The section 40 of that same chapter 4 also provided for the freedom
of peaceful assembly and association. However, the opposite was the case.
Peaceful protester was shot at, and they were inhibited from expressing their
human right by gathering peaceful protest to demonstrate their displeasure
against the brutalization of the innocent citizens by the police force. Record has
it that over 12 protesters were killed, many people were reported missing, and
some were hospitalized from fatal injury.
This case has generated a lot of controversies from the both
the citizens and the international communities, and different theories and assumptions
have been made regarding this. It is on this platform it is important to review
the literature to know the uncover the human right violation cleavage of the
Lekki shooting incidence. Hence this study.
1.2 Statement of
Problem
Issues
of human rights institutionalisation, enforcement, compliance and abuse have
occupied much discourse in many circles – civil society, the military
(violation of engagement rules), religious groups and institutions as well as
the state itself. Abuses of rights by law enforcement agencies, individuals,
organizations within the public and private sectors are now common and
everywhere in Nigeria.
The Judiciary is generally seen to be
inefficient in safeguarding of these rights; the public is losing confidence in
law enforcement agencies to safeguard the rights; the constitution is also seen
as being unable to bridge the gap between its provisions and the reality on the
ground; the public is negatively hit by the ignorance of or negligence to its
constitutional rights; while the rights are also circumvented, misinterpreted
to suit selfish ends resulting in a travesty of justice to one and indeed to
all.
Although
these rights are there provided by the laws, religious and socio-societal
structures, Nigerians have to struggle everywhere with other individuals and
authorities to actualise and make others to respect the rights and there arise
certain concerns and challenges in the process.
The
case of Lekki Toll gate shooting on the 20th was no way different from
what could be called breaching of the fundamental right of the citizens. The
armed force of the military was reported to have unleashed gunfire on the
protesters with their sophisticated ammunitions. This sadden story left many
families confused and sad up till today. Many of them lost their family members
to the incidence; some corpses were not recovered till today as they could not
specify the specific where they were after the incidence. Many people were
injured from the gunfire unleashed on the protesting youths at the Lekki
toll-gate.
This
has posed a lot of fundamental questions on the respect for human right in the
country. It is on this ground that this study has aimed to engage in a
qualitative review of Lekki shooting and the violations of Human right which
happened during the End SARS protest.
1.3 Research Objectives
The
main objective of this study is to do a qualitative review of the
Lekki-shooting and the violation of human right. The specific objectives include
to:
i.
Explore the views of the citizens about
the Lekki shooting;
ii.
Investigate the implication of the Lekki
Shooting on the vote of confidence of the youths in the government; and
iii.
Examine the effect of the incidence on the
fundamental human right of the citizens.
1.4 Research Questions
i.
What are the views of the citizens about
the Lekki shooting?
ii.
What are the implications of Lekki
Shooting on vote of confidence of the youths in the government?
iii.
What is the effect of Lekki shooting on
the fundamental human right of the citizens?
1.5 Justification of the study
This
study seeks to give a qualitative review of the effect of Lekki Shooting during
the End SARS of 2020 on the right of citizens in Nigeria. This study would
contribute to the body of knowledge by giving an in-depth review of the
citizens the citizens about the Lekki Shooting of 2021. This study will further
help in investigating the implications of Lekki Shooting on vote of confidence
of the youths in the government. This study will also unearth the effect of the
Lekki shooting on the fundamental human right of the citizens.
The
findings of this study would help the lawmakers and policy makers in better
making policies and enact laws that would help safeguard the interest and right
of the citizens.
1.6 Limitation of the study
This study would give qualitative review from
extant publications such as journals, magazine, newspapers and veritable web
pages where undiluted information about the Lekki Shooting cases of the End
SARS protest of 2020 are being reported. This study would only be a review and
hence would not accommodate data from primary sources.