The Concept Of Right To Life As Enshrined In Nigerian Constitution

This chapter begins with the rudimentary, reminding the reader of the relevance of certain very salient concepts. Perhaps this chapter would be considered to be one the most crucial as it lays the foundation for further discourse. The authors begin by classifying pertinent concepts that pertain to the constitution and follows with some relevant definitions. It is worthy to note that the authors think that u201cno country can afford to have a weak central government that will have coordinate powers with state government in this present age of science and technology when the survival of countries, as a whole, is the main concern of federal governmentsu201d, further proffering that what is needed is equality of states and central governments in a federation Legal regime of amalgamation in  Nigeria

This chapter gives a brief historical account of the amalgamation of the Northern and Southern protectorates and the real reasons behind the amalgamation and the system of administration adopted. The chapter addresses  various academic studies on the economic and fiscal policies of the British before 1914 and the impact of the unprofitability of two separate protectorates as a result of the vast territory without the requisite manpower which would not have been in the interest of the British had they not been brought together. The authors review the system of indirect rule as practised in the Northern and Southern protectorates and the setting up of an advisory body known as the Nigerian Council which served mainly as a deliberation and advisory body. The authors are critical about the council and refer to various scholars who indicate that traditional chief had no functions at all. Very interestingly, the authors are of the view that if the objective of the colonial administration was the independence of Nigeria, then this had hadly begun because Nigerians were bystanders. 

This chapter is an empirical research on constitutional developments in Nigeria since the annexation of Lagos in 1861. The historical nature of this chapter is central considering its relevance in giving the reader an in-depth understanding of Nigeriau2019s constitutional history. By the nature of this chapter, it shall be considered the most important. The chapter begins with the administration of three entities (the Colony of Lagos, the Protectorate of Southern Nigeria and the Protectorate of Northern Nigeria) under Lord Lugard which was later reduced to two entities in 1914 and in 1919 became the Colony and Protectorate of Nigeria. The authors review the Clifford era where a new legislative council was set up and later gave birth to the Clifford Constitution in 1922, the principle feature being its elective principle and political awakening. The authors also review the Bernard Bourdillon era which led to the Richards Constitution in 1944 which had at its mainstream to bring the Northern Provinces into the Nigerian Political development, this brought about some criticisms as the North had no political organisations.

The authors also discuss another important landmark in our constitutional history, which is the breakdown of the Macpherson Constitution. The authors indicate that inherent in the constitution are the perceived weaknesses in the system which include its failure to provide responsible government at the centre due to allegiance of ministers to their regions,  hence the Lyttleton Constitution was born and heralded as the first genuine Federal Constitution of Nigeria that enhanced the standard of the Regional Legislatures and governments. The authors also drew light on the Independence Constitution of 1960 which brought various fundamental changes, so also was the review of the Republican Constitution of 1963 to reflect more realistically on the independence and sovereignty of Nigeria and was promulgated as an entirely new independent instrument to reveal its indigenous character and political autonomy

This chapter focuses on the Interpretative jurisdiction of the Judiciary by virtue of Section 6 of the 1999 Constitution which confers judicial powers and in so interpreting the courts have recourse to certain canons or rules of interpretation as justice of each case demands. In this chapter the authors look at the canons of interpretation of statutes and also make a distinction between interpretation of statutes and constitution. The authors give an exhaustive discussion on the literal and liberal approach and rightly recall the case of Attorney-General of Bendel State .v. Attorney General of the Federation as the premise for constitutional interpretation.

This chapter looks in detail at the Fundamental Objectives and Directive Principles of States Policy, with the particular novelties in the 1999 Constitution which were absent in the 1979 Constitution. The authors have looked at Sections 13-24 of the 1999 Constitution and highlight various novelties. Unfortunately, the authors reiterate the non-justiciability of the rights and indicate that they run subsidiary to the fundamental rights contained in Chapter IV of the 1999 Constitution.

The authors state that the rights as enshrined in the constitution are the rights which the executive, the legislature and the judiciary are all enjoined to protect. This chapter is thoroughly exhaustive as the authors will give a very detailed analysis on all the rights as enshrined in the 1999 Constitution. Firstly, the authors begin with the foundation of making the very important distinction between human rights and Fundamental rights and further  classifying the rights into three categories, absolute, qualified and protection rights. It is based on this classification that authors go on a voyage on the analysis of every right as enshrined in the constitution.  The authors review the Right to Life as the first generation right and acknowledge that the right to life is the mother of all rights known to mankind and further indicate that the right to life is an inalienable right and individuals lack the ability to forfeit it. The attitude of the courts on the Right to Life in Nigeria was carefully analysed by the use of case law. It is worthy to note at this juncture that the chapter is an explosion of case law and review and the reader is placed at a vantage in a clearer understanding of the intricate nature of these rights. The case of Bello v. A.G of Oyo State whichclearly gave an exception to s.33(1) where the apex court unanimously held that by execution, the deceased had lost both his right to life and the right to prosecute his appeal. Also the authors introduced the case of Gbemre v. Shell where the Nigerian Federal High Court held that the Right to Life in Nigeria is extended to healthy environment

One of the important tenets of our Constitution is the Separation of Powers. Here, the authors have given an exhaustive analysis on the judiciary, particularly focusing on its independence. This chapter lays some very fundamental issues, apart from the preliminary which deal in part with the jurisdiction of the courts, here the authors have delved into more complex issues. They juxtapose the provisions of the 1979, 1985 (Draft) and 1999 Constitution. The authors look at various innovations in the latter constititution as well as impediments as it affects the independence of the Judiciary.

In this chapter, the authors look at the merits of the Single Chief Executive as opposed to the plural executive of the parliamentary, here the authors contend that the single chief executive has the merit of unity, energy and dispatch which are the ingredients of good government. The authors further analyse aspects of the constitution that strengthens executive independence, most profoundly discussed was the case of Incorporated Trustees of Nigeria Bar Associationand others v. Attorney-General of the Federation. In this case, the authors challenge the constitutionality of the action taken by the National Assembly and uphold the view that the decision was unconstitutional. 

The legislature does a whole lot more than law making, the authors will reveal the constitutional balancing roles and numerous oversight

This chapter deals with the details of the legislative arm of government and will reveal its numerous oversight responsibilities. This chapter brings out the relevant constitutional provisions regarding their powers, functions, composition, and how members can be removed. The authors contend that watertight compartmentalisation is old fashioned and unworkable in the present democratic setting, thus why the representatives of the people in the legislature have oversight functions. The authors further postulate that the constitution makes no pretence to turn the legislature to an alternative judicial body which runs contrary to the theory of separation of powers on which the constitution stands.

The chapter reviews citizenship in Nigeria by looking at citizenship pre and post independence. The authors highlight past constitutions and the present constitution created under section 7 of the Independence Constitution of 1960, chapter 2 of 1963 Constitution, Chapter 3 1979 Constitution and now Chapter 3 1999 Constitution. Interestingly, the authors note that all constitutions failed to provide for the definition of a Nigerian Citizen but rather provide for the means of its acquisition and other matters relating. The chapter basically reviews all rights guaranteed by the constitution for the enjoyment of citizens, how citizenship can be acquired in Nigeria by virtue of s.25, 26 and 27, denunciation of citizenship s.29, Deprivation of citizenship s.30 and dual citizenships s. 28 of the 1999 Constitution.

This chapter adduces the reasons for the existence of the principle of locus standiand its characteristics. It gives an in-depth analysis with case law on what constitutes sufficient interest or not. The chapter is subjected to a thorough critical analysis and will expose the reader to very interesting arguments on whether or not there are consistent criteria for the granting of locus standi. This chapter is in several folds as it looks at locus standi in enforcement of fundamental rights, the position of the Attorney General and the inherent abuses.

The controversies surrounding the issues of locus standi is well discussed by the authors in this very exhaustive and lengthy chapter. First, the authors address its strict interpretation as encapsulated in the case of Adesanya v. President 1981 2 NCLR 358 which was decided under the 1999 Constitution and then  makes a shift to a more lenient interpretation by virtue s.36 (1); s.46 (1) and s.6 (6) (b) of the 1999 Constitution and Order 1 Rule 2(1) of the Fundamental Rights Enforcement Procedure) Rules and arrives at the revolutionary judgement in the case of Fawehinmi v. President F.R.N (2007) 14 NWLR (Pt 1054) 275

Flowing from  Section 46 (1) of the 1999 Constitution where the proceeding for human rights enforcement is instituted by the victim only, the authors analyse it from the view of Locus Standi to enforce Human Rights on Behalf of a Person. Here the authors elaborate on some very interesting case law, Richard Oma Ahonaruogho v. Governor of Lagos State and Ozekhome v. The President.The authors also brilliantly do a comparism between  Section 46(1) of the 1999 Constitution of Nigeria and Section 18(1) of the 1996 Constitution of Botswana and identifies the problems inherent in the restrictive interpretation of the two provisions. The authoru2019s identify and proffer that the s.38 of the 1996 Constitution of South Africa has a very robust interpretation and is wider than the Nigerian and Botswana Constitution.

This chapter focuses on the desirability of having access to information as a fundamental right and the compelling arguments for and against it. The authors bring in very compelling postulations from various scholars on the subject matter, some are worthy of mention The authors have rightfully quoted Sekhar, who states that u201cdemocracy requires an informed citizenry and transparency of governance which are vital to its functioning and also to contain corruption to hold governments and their instrumentalities accountable to the governedu201d.