LAW AND HUMAN RIGHTS
By Prince Sunny Ebhojiaye
Truth cannot be criminalized, and truth cannot be outlawed. The exposure of government violations of human rights and restrictions on freedom of expression remains a critical issue in Nigeria. The state of human rights and the rule of law in the country continues to attract concern both locally and internationally.
Despite constitutional guarantees, Nigeria’s human rights record has often been criticized for persistent violations. Human rights are protected under the Constitution of the Federal Republic of Nigeria, 1999 (as amended). While notable progress has been made over the years, significant challenges remain. Reports have highlighted issues such as abuses by insurgent groups, unlawful killings, excessive use of force by security agencies, social inequality, and restrictions on freedom of speech and expression.
Some of the major areas of concern regarding fundamental human rights in Nigeria include freedom of expression, unlawful detention by law enforcement agencies, corruption, insecurity caused by insurgent groups, social justice and equality, women’s rights, child marriage, and broader human rights concerns from an international perspective. The activities of human rights organizations, international treaties, and global rating agencies such as Freedom House continue to provide important assessments of Nigeria’s human rights performance.
Nigeria’s human rights journey has been shaped by its political history since independence on October 1, 1960. Between independence and 1998, the country experienced a mixture of civilian and military administrations. During this period, democratic governance was frequently interrupted by military coups, creating challenges for constitutional rights, civil liberties, and democratic institutions.
In 1979, Nigeria adopted a presidential system of government under a new constitution designed to strengthen democratic governance and guarantee fundamental rights. However, many of these rights continued to face violations in practice. The struggle for human rights gained renewed attention in 1985 when General Ibrahim Babangida assumed power. His administration introduced reforms that brought both positive and negative consequences for civil liberties and democratic freedoms.
Freedom of expression remains one of the cornerstones of any democratic society. When General Babangida repealed Decree No. 4 of 1984, a law that criminalized the publication of materials deemed embarrassing to the government, many Nigerians and members of the media welcomed the decision as a positive step toward greater freedom of expression. For a period, there appeared to be increased political tolerance and a more open environment for public discourse.
However, these gains proved to be short-lived. The administration later came under criticism for detaining opponents, suppressing dissenting voices, and taking actions against individuals perceived to be critical of government policies. During this period, several newspapers faced restrictions, while some organizations were banned, raising concerns about the government’s commitment to democratic freedoms and human rights.
The Nigerian press has historically faced various forms of intimidation and pressure. Journalists have often operated under difficult conditions, encountering threats, harassment, and the risk of detention. Security agencies, including what is now known as the Department of State Services (DSS), have at different times been accused of actions that created fear among media practitioners and civil society actors. These developments have continued to fuel debates about press freedom, accountability, and the protection of fundamental human rights in Nigeria.
The protection of human rights, freedom of expression, and the rule of law remains essential to Nigeria’s democratic development. Ensuring that citizens can freely express their views without fear of intimidation or persecution is critical to building a just, accountable, and prosperous society.