WHAT ARE THE LIMITATIONS TO FUNDAMENTAL RIGHTS IN NIGERIA
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WHAT ARE THE LIMITATIONS TO FUNDAMENTAL RIGHTS IN NIGERIA
Fundamental rights are categories of rights that conferred on every person regardless of their ethnicity, beliefs and lifestyle. These right cannot be taken away, but they can be limited as a result of breach of law or when it is in contravention of another person’s right.
Every human has a right, privileges, obligations as well as liabilities embedded in him or her as provided by the law in Nigeria. However, certain rights are absolute and inalienable and as such, the law has provision for them. Thus, most of these rights are not absolute and as a result suffer some limitation.
However, human rights can be limited for the overall good of the citizens and the country through the following ways:
Though every citizen has right to law, it could be limited. A citizen’s right to life may be denied if he is sentenced to death by the law court as a result of murder, armed robbery of which he/she has been adjudged guilty of.
The citizen right to life is also limited in the sense that he or she cannot take his or her own life.
Citizens have the right to freedom of speech but this is not absolute in the sense that it can be limited when it is contrary to other laws. Examples are, hate speech, libel, slanderous words body shaming etc.
A citizen may be deprived of his rights if he is detained by law. In other words, limitation to the right of movement can also include, curfews, sit at home order, declaration of state of emergence. This type of restrictions at time might be imposed by the government in order to protect the life and ensure the security of its citizens.
The right to fair hearing stipulates that a citizen is entitled to be notified of any charge levied against him. But where the right to fair hearing is granted and the person refuses to speak the law will not force the person and as such, the opportunity may not be granted by the court.
While citizens have right to own a property in any part of the country, this right is not absolute in that, by the virtue of the Land Use Act, all the land is vested in the government and the government have the right to take possession of any land for the benefit of the citizens and as such, the owner must be duly compensated.
The right to freedom of religion can be limited where such religion is barbaric, violate other fundamental human right.
Conclusively, it should be noted that although, the law bestows certain rights on the citizens but not all of these rights are absolute.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080