THE CORRELATION BETWEEN HUMAN RIGHTS AND THE ADMINISTRATION OF JUSTICE IN NIGERIA

Publication Date : 22/04/2021


Author(s) :

Desmond Tobechukwu Orisewezie .


Volume/Issue :
Volume 2
,
Issue 1
(04 - 2021)



Abstract :

Fundamental Rights are rights that are not only basic to the citizens; they are rights that have been entrenched in Chapter IV of the 1999 Constitution of Federal Republic of Nigeria. These rights are sacrosanct and very important to everyone within the borders of Nigeria. These rights are moulded into freedom blocks that fence the citizen from forces of unbridled aggression, oppression, repression, and authoritarianism. Where these rights are to be enforced in Court, the Court within reasonable limits must do all that is necessary to cause a flourishing of these rights.’’ It is well-established that human rights are inalienable and universally applicable to humans because they are necessary for a peaceful, harmonious and dignified living; it is a primary condition for civilized existence . On the other hand, fundamental rights are conventionally infused and enforced under various national laws. The difference here is that fundamental rights are specific to a particular country, whereas human rights has global acceptance and exists in the realm of international law. Human rights in Nigeria are legally considered as fundamental because they have been guaranteed by the Constitution of the Federal Republic of Nigeria (CFRN) which is the grundnorm of the Federation . Calling these guaranteed "rights", suggests that they are attached to particular individuals who can invoke them and the fact that these rights are given paramount recognition also means that firm compliance and adherence is mandatory and not merely discretionary. This work focuses on various human rights issues, the legal perspectives, challenges and concludes with possible recommendations to remedy the recounted issues of human rights violations.


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