Nigeria’s Constitution is the country’s supreme legal framework, yet many citizens remain unfamiliar with the fundamental rights it guarantees.
Chapter IV of the 1999 Constitution, as amended, sets out several fundamental rights, including the rights to personal liberty, fair hearing, privacy, freedom of expression, movement, association and property.
Understanding these rights can help Nigerians recognise when their constitutional protections are being upheld and when they may need to seek legal assistance.
1. Right to Personal Liberty
Section 35 of the Constitution protects the personal liberty of every person. It provides that no one should be deprived of liberty except in circumstances permitted by law and in accordance with procedures established by law.
The provision is particularly relevant to arrest and detention. While law enforcement agencies have powers to arrest and detain people in specified circumstances, such powers are subject to constitutional and legal safeguards.
2. Right to fair hearing
Section 36 provides for the right to fair hearing.
Where a court or tribunal determines a person’s civil rights and obligations, or whether a person has committed a criminal offence, the Constitution provides a range of safeguards designed to ensure a fair process.
These include the right to know the case against oneself and, in criminal proceedings, the opportunity to defend oneself in accordance with the law.
3. Right to privacy
Section 37 protects the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications.
Privacy is therefore a constitutionally protected right and not merely a matter of personal preference.
However, like several other fundamental rights, the right to privacy is subject to lawful limitations in circumstances recognised by the Constitution and other applicable laws.
4. Freedom of thought, conscience and religion
Section 38 guarantees freedom of thought, conscience and religion.
It protects a person’s right to change their religion or belief and to practise or manifest that religion or belief, subject to the limitations recognised by the Constitution.
In Nigeria’s religiously diverse society, the protection is particularly significant.
5. Freedom of expression and the press
Section 39 guarantees freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference.
The provision also establishes a constitutional basis for freedom of the press and other media.
However, freedom of expression is not absolute. Other laws may impose lawful restrictions in areas such as defamation, national security and public order, subject to constitutional requirements.
6. Right to peaceful assembly and association
Section 40 gives every person the right to assemble freely and associate with other people.
The right covers lawful associations, including community groups, professional organisations, civil society organisations and other bodies.
The Constitution, however, permits certain lawful restrictions on this right in specified circumstances.
7. Freedom of movement
Section 41 provides that every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part of the country.
It also protects against expulsion from Nigeria or refusal of entry into the country.
The right therefore gives Nigerians a constitutional basis to move from one part of the country to another and to choose where they reside, subject to lawful restrictions.
8. Freedom from Discrimination
Section 42 protects Nigerian citizens from discrimination on specified grounds.
These include ethnic group, place of origin, sex, religion or political opinion.
The provision is particularly important in a country with diverse ethnic, religious and cultural communities.
9. Right to Own Property
Section 43 provides that every citizen of Nigeria has the right to acquire and own immovable property anywhere in Nigeria.
However, this right does not mean every parcel of land is automatically available for private ownership.
The Constitution and other applicable laws govern land ownership and interests in land, including the Land Use Act and relevant state legislation.
10. Protection against compulsory acquisition of property
Section 44 provides constitutional safeguards for the compulsory acquisition of movable or immovable property.
In general, such acquisition must be carried out in accordance with a law that prescribes the applicable conditions, including provisions relating to compensation and the determination of interests in the property.
The Constitution also provides for access to a court or tribunal in specified circumstances concerning the person’s interest in the property and the amount of compensation payable.
This means that government acquisition of private property is subject to constitutional and legal procedures rather than being an unrestricted power to take property.