CHALLENGES OF ENFORCEMENT OF FUNDAMENTAL HUMAN RIGHTS VIS A VIS UPHOLDING NATIONAL SECURITY: THE PERSPECTIVE OF THE STATE SECURITY SERVICE

Raleke I. Nwangeneh & Chinonso P. Njoku

Abstract


From the inception of declaration of Universal Human Rights in 1948 by the UN several States’ constitutions have continued to embody human rights within it. These basic rights inure naturally in man and their derogation will disrupt peace and affect society’s’ equilibrium. The state will not pursue human rights at the expense of state’s security or either way. However there have been instances where national security is projected by governments as its main priority. Where national security has been made a priority, several legislations aimed at derogating certain human rights are usually enacted. Constitution having placed certain limitations on human rights makes it not to be at odds with national security matters. This paper appraises national security vis-a-vis human rights enforcement under the 1999 Constitution of Nigeria. The work employs doctrinal research methodology. The work found that despite the limitation on enforcement of human rights in certain circumstances by the constitution the state actors still delight in extra subjugation of these rights in pretensions of national security enforcement. It is recommended that further and continual subjugation of human rights beyond the limitations of the constitution is an exertion that will suddenly burst the bubbles in human rights matters and disrupt societal equilibrium.

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