Critical Appraisal of the Constitutional Right to Human Dignity vis-a-vis Flagrant Breach of Fundamental Rights by Federal and State Agencies

Chidimma Stella Nwakoby; Ezinwanne Anastasia Nwaobi; Somtochuhukwu Kaosisochukwu Ezeonwu

Abstract


Fundamental human rights, as provided by the Constitution, are to be enjoyed by every Nigerian, subject to the exceptions provided by the Constitution or by any other statute. The corpus juris in Nigeria had even gone further in assigning to specific government agencies, both at the federal and at the state levels, the duties of protecting the rights of Nigerians. However, it is appalling that the various agencies of government charged with the protection of these constitutionally-guaranteed rights are not only failing in their duty but are also at the fore-front of breaching human rights, particularly the right to dignity of human person. This paper critically examined how federal and state agencies breach the constitutionally-guaranteed rights of citizens, in particular, the right to the dignity of the human person, and what could be done to remedy these institutional breaches. It is found that several governmental agencies are involved in the breach of the fundamental right of the dignity of human person, especially in the course of carrying out their duties. This paper recommended for a true independence of the judiciary in order to be able to protect adequately the fundamental rights of Nigerians, particularly the right to dignity of human person.

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