I want to thank the organizers of this Conference particularly my Chairman, yes you heard me, Olabisi Makanjuola Esq, the Chairman of the most vibrant in very subtle ways and the most progressive, largely speaking, Lagos Branch of the Nigerian Bar Association.
I was a past Chairman of the branch and past Secretary among other positions held in the branch before I crossed from the Bar to the Bench.
I have a lot to be thankful for because of these positions for the opportunity to interact with all manners of people, lawyers and non- lawyers alike. I doff my hat to the Vice Chairman of the branch Mrs. Esther Jimoh who also doubles as the Chairman of the Human Rights Committee of the branch and all the committee members.
I am a barman through and through having met in the course of my practice as a lawyer and my activities at the bar, both at my branch and in the National Body of the Association, many notable Nigerians not limited to lawyers, who were at the forefront of Human Rights Activism.
I recall with nostalgia, the likes of Kanmi Ishola-Osobu who I met when I invited him to speak on Human Rights related subject as the President of the Law Students Society, University of Ibadan sometime in 1984, Alao Aka-Bashorun, former President of The Nigerian Bar Association, Pa Tunji Gomez, Dr Beko Ransome-Kuti, Chief Gani Fawehinmi, Dr. Bala Usman, Pa Abraham Adesanya, all of blessed and fond memory and Pa Ayo Adebanjo, who incidentally I visited at home just yesterday to pay my respects to the elder statesman and remind myself of the struggles he spearheaded as a campaigner for political emancipation of the people.
These heroes of human rights at the time the military was in power need to be recognized for their doggedness.
It is no longer news that International Human Rights Day is celebrated annually on December 10. It commemorates the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. The UDHR sets out fundamental human rights and freedoms that are universal and inalienable, including the right to life, liberty, and security of person; freedom of speech, assembly, and association; and the right to education, healthcare, and an adequate standard of living.
The International Human Rights Day, the 76th of its kind, is marked with events, campaigns, and activities around the world to promote and protect human rights. International human rights refer to the fundamental rights and freedoms that every individual is entitled to, regardless of their nationality, race, gender, language, or any other status. These rights are universal, inalienable, and interdependent, and are enshrined in various international treaties and conventions.
The foundation of international human rights is the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly in 1948. They are set out in 30 articles that outline the fundamental human rights and freedoms, including the right to life, liberty, and security of person, freedom of speech and assembly, and the right to education and healthcare. We must not lose sight of the fact that the basic rights of men, which we celebrate today, is actually history in motion.
History never stops moving. It evolves and is also fluid. What the history of human rights looks like today in its 76 years, is different from what it looks like, say 100 years ago or over 600 years ago when The Magna Carta, known as the Bill of Rights came into existence.
Some of the key international human rights instruments are:
• The International Covenant on Civil and Political Right which sets out the rights and freedoms related to civil and political life, such as the right to life, freedom of speech, and the right to a fair trial.
• The International Covenant on Economic, Social and Cultural Rights, sets out the rights and freedoms related to economic, social, and cultural life, such as the right to work, the right to education, and the right to healthcare.
• The Convention on the Rights of the Child sets out the rights and freedoms specific to children, such as the right to education, the right to healthcare, and the right to protection from exploitation and abuse.
While history is fluid, it does tend to crystallize over time. The significance of The Magna Carta has given birth over the years to human right conventions and laws in countries all over the world including our dear country Nigeria. There have been famous persons that shaped both local and international attitudes to Human Rights.
We remember the contributions of these iconic persons to the general perception of peoples all over the world to the concept of UBUNTU, which was found in many African tribes before the advent of the Europeans. UBUNTU simply means A person is a person through another person. To this class of iconic persons are, Mother Teresa, Rev. Martin Luther King, Mahatma Ghandi Bishop Desmond Tutu and our own crusader for the rights of man, Chief Gani Fawehimi, to mention just a few.
Let me state a fact known to all except those living in denial that human rights are in crisis all over the world.
Most of the ills of inequality set out to be eradicated by the laws and conventions on human rights seem not to be abating. We see this in the war going on between so many countries in the world and the way innocent and vulnerable people are being treated. Even those in the western world that claim to be at the forefront of human rights advocacy have witnessed the rise to power of far right political parties with anti- human rights policies. It has been decided in many cases that constitutional rights are not absolute.
These rights can be regulated when it comes to some issues pertaining to individuals. Rights are regulated when it comes to wireless broadcasting, television or films; where national security is threatened or where there is a real likelihood of it being threatened; when a person has to be restrained against harm to himself and so on.
While there exists provisions for the enforcement of fundamental rights in the Constitution of the Federal Republic of Nigeria, 1999(as amended) and in the African Charter on Human and Peoples Rights and other domesticated and local covenants, there is no doubt that, crisis do exist which may lead one to conclude that “there is fire on the mountain”.
There are so many challenges facing us as a nation when it comes to the enforcement of the fundamental rights of Nigerians. It is very sad to note that human rights historically have suffered more under democracy than under the military.
Some people will not want to subscribe to this notion. I ask a pertinent question, what has changed? The Superior Court in the case of Lafia Local Government V Governor, Nasarawa State (2012) 17 NWLR (pt.1328), 94 has declared that courts should assume an activist role on issues that touch on or concern rights of the individual and rise as the occasion demands to review with dispatch acts of government or its agencies; and ensure the rights of individuals guaranteed by the fundamental rights provisions in the constitution are not trampled on.
Regrettably, this is not so in most cases. While I will not entirely absolve the courts from unintentional abuse of fundamental rights, lawyers cannot entirely be absolved, especially those acting for the respondents in fundamental rights cases. They come up with all manner of tricks that eventually lead to adjournment, where the Fundamental Enforcement Procedure Rules has prescribed a time in order to expedite the proceedings. We have to also examine the abuse of fundamental rights of persons by law enforcement agencies in many ways and under different guises. There are cases where purely land matters, debt matters, landlord and tenant matters and even matrimonial matters are treated as criminal matters, as a ground to detain a person.
The security agencies are found to use means that are not constitutional to extract evidence from suspects. The Administration of Justice Act or Law as the case may be has laid down the procedure for the arrest, detention and interrogation of suspects but the procedure is not being followed and this has led to the erosion of the constitutionally guaranteed human rights of individuals.
Going further, there appears to be a misunderstanding by the bench on the issue of bail. Over the years, the superior courts have laid down the principles for the grant and/or refusal of bail. While I concede that the prosecution may not have served the application for bail timeously, where the liberty of the individual is at stake especially in criminal cases that are not heinous, can oral application not suffice in cases of that nature? Why must the hearing of applications for bail be given a long adjournment? I remember when I was in practice; an application for bail was adjourned from a date in September to December! This meant that my client spent almost two months waiting for his application to be heard and thereafter adjourned for ruling.
Another challenge to human rights is the failure to imbibe and practice the rule of law and its principles, which are vital in any society that wants to make progress. We appear not to be serious in making sure our democracy works. The rule of law curbs the arbitrariness of discretionary powers and the use of force to conduct the affairs of the state. The rule of law ensures government by the law and not of men.
The aim is to limit and check arbitrary, oppressive, abuse of power, dictatorial tendencies and to ensure equal treatment and protection for all, irrespective of sex, class, status, religion, ethnic background and political opinion.
The law should not be a respecter of anybody, principalities and powers, or of holders of offices in government. It is well known that without oxygen, there is no life. Therefore, without real and undiluted democracy, a precondition for the rule of law, human rights are bound to suffer and be trampled upon. Governments must respect the rights of the individual under the law and as matter of fact, provide means for their enforcement. It is very worrisome that despite the acknowledgement through the Constitution the inalienable rights of the citizens, people are still being detained without trial beyond the constitutional provisions; people are being tortured while in detention; access to legal practitioner of the detainee is being denied, while goods of citizens are being seized and sometimes confiscated arbitrarily.
Freedom of speech and the right to protest unlawful acts and policies of the government is denied citizens in some cases. Anyone whose voice is raised against the policies or acts of government is seen as an enemy of the state against whom the fiery darts in the arsenal of the security agencies are deployed.
In summing up this paper, I am of the view that all hands must be on deck to surmount all the challenges of human rights in our dear country. All stakeholders must be determined to rise to the occasion.
It is for the betterment of our society and the future of generations yet unborn to see that this is done. By the way, where are the vocal human rights advocates? I see just a few on the streets! Many have made money in the process of campaigning for the rights of the individual to the extent that they see no reason to do so any longer since they now belong to the elite. Some have eaten their vomit since the grass is greener on the other side. Some are now flying where they dared not fly since they are now birds of the same feather with those who abuse the rights of the people.
Some have been carried away by appointments, while others seek relevance for personal gain. I therefore challenge all of us, especially lawyers, who are meant to live for the direction of the people and the advancement of the cause of our country to look beyond personal gains to ensure that human rights are achieved in line with the Constitution of the Federal Republic of Nigeria.
Thank you all for listening.
Being a paper presented by Hon. Justice Taiwo O. Taiwo (Rtd) at the International Human Rights Day conference organized by the Nigerian Bar Association, Lagos Branch, on December 10, 2024 at the Nigerian Law School, Victoria Island, Lagos.