30/03/2026
THE ROLE OF LAW IN PROTECTING HUMAN RIGHTS AND PROMOTING SOCIAL JUSTICE
Being a Lecture Delivered by Director General, Thurist Nigeria
Barrister Sulaymon A. Tadese, LL.M,, BL,, LL.B.,
At Ta’awunu Human Rights Initiative, Iragbiji Branch, Osun State Nigeria. Date: 28th March 2026
Introduction
Distinguished guests, The royal father of the day: Oba abdul Rasheed olabunmi (Aragbiji of iragbiji Land). Patron-Imam yekini Abdulmumini(Naqeeb of jammatul ta'awunu iragbiji branch) respected members of Ta’awunu Human Rights Initiative, colleagues at the Bar, ladies and gentlemen.
Law remains the most powerful institutional mechanism for the protection of human rights and the advancement of social justice. However, its true force lies in its constitutional backing, statutory reinforcement, and judicial interpretation.
Human Rights Under Nigerian Law
Fundamental rights are constitutionally guaranteed under Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
• Section 33 – Right to Life
• Section 34 – Right to Dignity of Human Person
• Section 35 – Right to Personal Liberty
• Section 36 – Right to Fair Hearing
• Section 39 – Freedom of Expression
• Section 40 – Freedom of Association
The Supreme Court in
Ransome-Kuti v. Attorney-General of the Federation
held that fundamental rights are antecedent to the political society itself and must be jealously guarded.
THE ROLE OF LAW IN PROTECTING HUMAN RIGHTS
1. Constitutional Supremacy and Rule of Law
• Section 1(1) & (3), 1999 Constitution – Constitution is supreme; any inconsistent law is void.
In
Military Governor of Lagos State v. Ojukwu,
the Supreme Court condemned executive lawlessness and affirmed that government must operate within the law.
2. Protection of Personal Liberty
• Section 35(1), 1999 Constitution – Guarantees personal liberty
• Section 35(3) – Right to be brought before a court within reasonable time
• Sections 6, 8 & 32, ACJA 2015 – Prohibit unlawful arrest, require humane treatment, and mandate prompt arraignment
• Sections 4 & 5, Police Act 2020 – Define police duties and limits
In
Lufadeju v. Johnson,
the Supreme Court held that detention must strictly comply with statutory provisions, otherwise it becomes unconstitutional.
3. Right to Fair Hearing
• Section 36(1), 1999 Constitution – Right to fair hearing within reasonable time
• Section 36(6) – Rights of an accused person
• Sections 396 & 305, ACJA 2015 – Ensure speedy trial and fair criminal procedure
In
Adigun v. Attorney-General of Oyo State,
the Court held that once fair hearing is breached, the entire proceedings collapse, regardless of merit.
4. Enforcement of Fundamental Rights
• Section 46(1), 1999 Constitution – Right to approach court for enforcement
• Fundamental Rights (Enforcement Procedure) Rules 2009 – Simplifies access to justice
• African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act
In
Fawehinmi v. Abacha,
the Supreme Court held that the African Charter is part of Nigerian law and enforceable in courts.
5. Right to Dignity of Human Person
• Section 34(1), 1999 Constitution – Prohibits torture, inhuman or degrading treatment
• Section 8(1), ACJA 2015 – Prohibits torture and degrading treatment
• Section 2, Anti-Torture Act 2017
In
Uzoukwu v. Ezeonu II,
the court emphasized that human dignity is inviolable and protected under law.
THE ROLE OF LAW IN PROMOTING SOCIAL JUSTICE
1. Equality Before the Law
• Section 42(1), 1999 Constitution – Freedom from discrimination
• Section 17(2)(a), 1999 Constitution – Equality of rights, obligations, and opportunities
In
A.G. Federation v. Abubakar,
the Court reaffirmed that no person is above the law.
2. Access to Justice
• Section 6(6)(b), 1999 Constitution – Judicial powers extend to all matters
• Section 46, 1999 Constitution – Right to seek redress
• Legal Aid Act – Provides legal assistance to indigent persons
In
Ojukwu v. Military Governor of Lagos State,
the Court stressed that citizens must have unhindered access to courts.
3. Rule of Law as Basis of Justice
• Section 14(2)(b), 1999 Constitution – Security and welfare of the people
• Section 17(1) – Social order founded on justice
In
Governor of Lagos State v. Ojukwu,
the Supreme Court declared that the rule of law is the foundation of a democratic society.
4. Protection Against Arbitrary Government Action
• Section 41, 1999 Constitution – Freedom of movement
• Section 35, 1999 Constitution – Protection from arbitrary arrest
• Police Act 2020 – Regulates police conduct
In
Shugaba Abdulrahman Darman v. Minister of Internal Affairs,
the Court condemned unlawful deportation and upheld citizenship rights and due process.
Challenges to Effective Enforcement
Despite these robust laws:
• Section 287, 1999 Constitution mandates obedience to court orders, yet violations persist
• Delay contradicts Section 36(1) (trial within reasonable time)
• Abuse of power undermines statutory safeguards
The Way Forward
• Strict enforcement of Section 287 (obedience to court orders)
• Strengthening institutions under the Police Act 2020 & ACJA 2015
• Increased public awareness of constitutional rights
• Judicial courage in upholding the rule of law
Conclusion
The synergy between:
• Constitutional provisions
• Statutory frameworks (ACJA, Police Act, Anti-Torture Act)
• Judicial authorities of the Supreme Court
clearly establishes that law is the strongest weapon for protecting human rights and achieving social justice in Nigeria.
Final Remark
As reaffirmed in
Ransome-Kuti v. Attorney-General of the Federation:
“Fundamental rights occupy a special position in our legal system and must be protected at all costs.”
Thank you.
