07/07/2017
DISCUSSIONS ON THE 11 RIGHTS ENFORCEABLE BY EVERY NIGERIAN.
1. RIGHT TO LIFE:
This is the most important right of every Nigerian (and in fact every human being). The right that everyone has to ‘exist’, and no one can intentionally deprive a person of this right. No individual or Government can take away this right unless in the ex*****on of a sentence of the court in respect of a criminal offence.
In a nutshell, what this right says is that no one can take your life unless you have committed an offence punishable with capital punishment as at the time the offence was committed, you have been tried by a competent court, and found guilty. Examples are murder, treason, treachery, trial by ordeal from which death results, and armed robbery under the Robbery and Fi****ms (Special Provisions Decree) but now an Act of the National Assembly. This right is protected by the Nigerian constitution and many international protocols including the African Charter on Human and Peoples Rights.
Exceptions:
It is a universalised doctrine that with every right (as you will see below), there are exceptions. The exceptions to the right to life are:
(1) If death results from the use of reasonable force for the defence of any person from unlawful violence or for the defence of property;
(2) If death results from the use of reasonable force in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or
(3) If death results from the use of reasonable force for the purpose of suppressing a riot, insurrection or mutiny.
In each of the above exceptions, it is for the court to decide the reasonableness of the force used. In the second exception, the court would consider the grave nature of the offence for which the arrest was being made as well as the circumstances of its commission.
Seek legal assistance whenever you have credible reasons to believe that your rights are in danger.
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