2014•OGIRISI a New Journal of African StudiesOpen access

The place of human rights in Nigeria's democracy

JU Ofoegbu

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Abstract

Human Rights are ontological, inherent and intrinsic to all human beings in as much as they are human, irrespective of nationality, sex, ethnicity, origin, colour or any other status. These rights can be protected in a functional democratic setting that anchors its foundation in the rule of law. In democracy, the rule of law protects the rights of individuals, preserves order, and limits powers of government. In Nigeria’s democracy, the reverse seems to be the case. Human rights are not respected. Extra-judicial killing, unlawful detention, and other series of human rights abuses are still prevalent in Nigeria democracy. To discuss the human rights in Nigerian democracy, the paper undertakes the following: Meanings of human rights, historical development of human rights, democracy, rule of law, human rights and Nigerian democracy, fundamental rights in 2011 constitution (As Amended), conclusion and finally recommendation.

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Human Rights are ontological, inherent and intrinsic to all human beings in as much as they are human, irrespective of nationality, sex, ethnicity, origin, colour or any other status. These rights can be protected in a functional democratic setting that anchors its foundation in the rule of law. In democracy, the rule of law protects the rights of individuals, preserves order, and limits powers of government. In Nigeria’s democracy, the reverse seems to be the case. Human rights are not respected. Extra-judicial killing, unlawful detention, and other series of human rights abuses are still prevalent in Nigeria democracy. To discuss the human rights in Nigerian democracy, the paper undertakes the following: Meanings of human rights, historical development of human rights, democracy, rule of law, human rights and Nigerian democracy, fundamental rights in 2011 constitution (As Amended), conclusion and finally recommendation.

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Available abstract

Human Rights are ontological, inherent and intrinsic to all human beings in as much as they are human, irrespective of nationality, sex, ethnicity, origin, colour or any other status. These rights can be protected in a functional democratic setting that anchors its foundation in the rule of law. In democracy, the rule of law protects the rights of individuals, preserves order, and limits powers of government. In Nigeria’s democracy, the reverse seems to be the case. Human rights are not respected. Extra-judicial killing, unlawful detention, and other series of human rights abuses are still prevalent in Nigeria democracy. To discuss the human rights in Nigerian democracy, the paper undertakes the following: Meanings of human rights, historical development of human rights, democracy, rule of law, human rights and Nigerian democracy, fundamental rights in 2011 constitution (As Amended), conclusion and finally recommendation.

Key concepts: Human rights, Democracy, Law, Fundamental rights, Constitution, Rule of law, International human rights law, Political science

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