CHAPTER ONE

1.0                                          INTRODUCTION

1.1            BACKGROUND OF THE STUDY

Despite more than a decade of democratic governance and endorsement of universal declaration of human rights charter, Nigerians still face a lot of human rights abuses. This is because contrary to democratic ethos, the state is still largely authoritarian in leadership and security operations (Akhaine and Chizea, 2011). Cases of human rights violations which McCulley (2013) described as becoming a culture of impunity in the country includes extra-judicial killings, illegal detention, destruction of property by security forces etc. Even studies by researchers (Adetoro, 2012a; Oladunjoye and Omemu, 2013; Udama, 2013; Ojo et al., 2014) acknowledged the role of extra-judicial killings of Mohammed Yusuf and other Boko Haram leaders in escalating the sectarian violence that nearly consumed the whole of North Eastern Nigeria. Kidnapping for ransom and rituals are also alarming (Agabe, 2013; Atoyebi, 2014). Other forms of human rights abuses in Nigeria include motorists‟ harassment and extortion by security personnel, political assassinations, undemocratic imposition of candidates in leadership and intimidation of political opponents (Akhaine and Chizea, 2011); rape, child abuse, education denial and domestic violence (Adesupo, 2013; Ayegboyin, 2013; Ayoola, 2013; Hamzat, 2013; Salahudeen, 2013). It is against these backgrounds that this paper examined the challenges of human rights abuses in Nigerian democratic governance and suggested the ways out of the menace.

Human right is the law or rules used to organize life between humans. Human rights are legal laws that protect individuals and groups against actions which interfere with fundamental freedoms and human dignity. They are expressed in treaties, customary international law, bodies of principles and other sources of law.

Sanctions are imposed whenever there is an infringement on human right.

Human rights are rights that every human being has by virtue of his or her human dignity. Human rights are rights inherent to all human beings. They define relationships between individuals and power structures, especially the State. Human rights delimit State power and, at the same time, require States to take positive measures ensuring an environment that enables all people to enjoy their human rights. Human rights are the sum of individual and collective rights laid down in

State constitutions and international law Governments and other duty bearers are under an obligation to respect, protect and fulfil human rights, which form the basis for legal entitlements and remedies in case of non-fulfilment (Inter-Parliamentary Union, 2016).

Human Rights are backed by provisions of the law, for there to be a violation of Human Rights, there must be a form of infringement of rights guaranteed under an existing law. To violate the most basic Human Rights is to deny individuals their fundamental moral entitlements. It is in a sense, to treat them if they are less than human and undeserving of respect and dignity. Examples of violations include acts typically deemed crimes against humanity such as genocide, torture, slavery, rape, deliberate starvation etc. Human rights violations cut across all spheres of man’s existence and the Nigerian security services have been accused of being one of the greatest violators of the said rights in Nigeria (Oluwaige, 2004).

Human rights in Nigeria are protected under the most current constitution of 1999. Nigeria has made serious improvements in human rights under this constitution though the American Human Rights Report of 2012 notes areas where significant improvement is needed, which include: abuses by Boko Haram, child labour, killings by governmental forces, lack of social equality, child marriage and issues with freedom of speech (Bureau of Democracy, Human Rights and Labor. Human Rights Practices for 2012).

Human rights are rights which people have simply as human beings irrespective of their nationalities, religion, citizenship, marital status, occupation, income or any other social or cultural activities (Ehindero, 1998). In other words, human rights are of universal application and implications. Clinton (1997) contends that human rights are the cornerstone of a viable and visible democracy, giving hope to all in society: the strong and the weak, rich and poor, great and small. If democratic practise in Nigeria must meet up with western democratic standards, then it must address the current problem of gross violations of human rights. Though the desire of the Nigerian people for democratic rule was achieved in 1999, it is yet to overcome the institutionalized violation of human rights by security agencies, especially the Nigerian police force. Thus, this study is aimed at drawing the attentions of the Nigerian government and supporters/sponsors of democratic rule in Nigeria to redirect their effort to ensure that the democratic expectation of qualitative justice hinged on the democratic values of fundamental human rights that emphasizes the dignity of the human person, rights to personal liberty, right to due process and fair hearing, right to life and the right to freedom of movement, which the Nigerian people are largely deprived of.

The need to address the issue of human rights in Nigeria is both an urgent and a compelling one. According to BBC dictionary, human rights are the basic needs which all people should have (300). Human rights are rights inherent to all human beings, irrespective of their nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. The basic rights and freedoms to which all humans are considered to be entitled, often held to include the rights to life, liberty, equality, fair trial, freedom from slavery and torture, as well as freedom of thoughts and expression. From the spring of legal rights come a number of documents aimed at protecting man and his environment. These documents have been drafted to take care of particular and peculiar challenges that man has been faced with in the cause of his sojourn on earth and his interaction with his fellow man and his environment generally. The Nigerian constitution Section 33 subsection (1) says that: Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.

1.2            STATEMENT OF THE PROBLEM

The violation of human rights is not a strange experience in Nigeria. This sad situation has been attributed to decades of military rule in the country (Ahmadu, 2001)), which had attracted sanctions and all sorts of condemnation from the international community. Sadly, however, the end of military rule, and the consequent enthronement of democratic rule has failed to eliminate, or at least, reduce the cases of violations of human rights in Nigeria. The majority of cases of violations of peoples‟ rights being carried out by the Nigerian police force. Provable incidences of extrajudicial killings, brutality of innocent citizens, use of force to elicit confessional statements from suspects, blatant corruption, et cetera continue to be characteristic of the Nigerian police in our promising democracy. Thus, the lack of trust and confidence in the police by the Nigerian citizens continues to exist irrespective of the hypocritical posters and television advertisements by the police authorities to create a positive image for the Nigerian Police, as the force has become more of an instrument of oppressions and coercion against innocent citizens, and a willing tool in the hands of the rich and powerful in society to intimidate and victimize the common man.

1.3     RESEARCH QUESTION

1.     What is the extent and nature of human rights violations in Nigeria?

2.     Why has democratic rule failed to address the problem of human rights violations in Nigeria?

3.     What effects do human rights violations have on the victims, the democratic process and the Nigerian police?

4.     How do citizens react to the violations of their human rights in Nigeria?