04/20/23

1

• INTRODUCTION• CONCEPT OF HUMAN RIGHTS• EVOLUTION OF RIGHTS• RIGHTS UNDER UNITED NATIONS &

AFRICAN UNION• FUNDAMENTAL HUMAN RIGHTS IN

NIGERIA• CONCLUSION

04/20/23

2

• RIGHTS AS OPPOSITE OF WRONGS• WRONGS AS FUNCTION OF LAW AND

MORALITY• RIGHTS AND DUTIES• RIGHTS AND JUSTICE- THE LAW OF THE

JUNGLE• CHARACTERISTICS OF RIGHTS- vesting in

person, avails against person, relates to something etc

• LIBERTY AS A COROLLARY OF RIGHTS

04/20/23

3

• Rights as a function of distributive justice

• Distributive justice & corrective justice phenomenon-equal distribution versus restoration of equality

• Equal rights or equity?• Freedom and justice emphasized by

rights• Rights as a denominator of democracy or

democratic values• Military and rights equation

04/20/23

4

• Rights and religions• Rights as a natural phenomenon• Rights and judicial enforcement

04/20/23

5

• Natural Law developmental process• 1776 Bill of Rights• Universal Declaration of Rights, 1948• International Covenant on Economic, Social and

Cultural Rights• International Covenant on Civil and Political

Rights• Development Rights, 1986 Declaration-

emphasis on wealth and resources, gainful employment

• Specialized Rights-CEDAW, Covenant on the Rights of the Child

• Regional intervention-Europen Social Charter, Inter-American Convention on Human Rights,

04/20/23

6

• Regional interventions also include African Charter on Human and Peoples Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms, Arab Charter on Human Rights, 2004

• The dynamics of the evolution• Political subjugation and legal

rejuvenation

04/20/23

7

• 1948 as a watershed-UDHR- free born and equality in dignity and rights- exterminating all forms of discrimination- life, liberty and security of persons- Family values- In spite of UDHR apartheid survived, negro, colored and whites dichotomy

04/20/23

8

• African Union initiative as a bequeath of OAU

• OAU Convention on Specific Aspects of Refugee Problems in Africa, 1969

• Protocol on ACHPR on the Rights of Women in Africa, 2003

• African Charter on the Rights and Welfare of the Child, 1990

04/20/23

9

• Constitutional evolution in Nigeria, 1960, 1963, 1979, 1989, 1999

• Fundamental Rights provisions-Chapter four imperative

• Chapter four and military rule in Nigeria- Abacha v. Fawehinmi a game changer

• African Charter and Nigerian constitutional relations

• Chapter two and the need for justiciability• Challenges of implementation

04/20/23

10

• All citizen demand• Fundamental Human Rights-need for

expansion• Judiciary as the rescuer• Political class and civil society matrix• Intellectual advocacy• Education as panacea• Economic emancipation as catalyst

04/20/23

11

THANKS FOR LISTENING

04/20/23

12