ANALYSIS OF FUNDAMENTAL RIGHTS IN NIGERIA

Ever since Nigeria returned to democratic rule in 1999, there appears to be general consens us that the tenents of democratic policing and observation of human rights has not been fuLly ’ realized. Fundamental rights emphasize responsive and representative governance with accountability and transparency aimed at projection and protection of the basic rights of the citizens. All these are sourced from international best practices, thereby attracting credence from the United Nations and other international instruments. For example, the code of conduct for Law Enforcement Officials serves as a model for every security outfit which seeks to operate in a free democratic society. Here, individual rights are guaranteed even though they are not absolute, but the law enforcement, in carrying out its duties, try to balance the equation and follow the “rules of engagement” permitted by law and not otherwise. In Nigeria however, our research findings established that the law enforcement agencies have not completely detached themselves from the apron strip of bad policing as a result of ever increasing acts of torture, cruel, inhumane or degrading treatment, extrajudicial, summary and arbitrary executions, arbitrary arrests, excessive use of force, unhealthy detention centers and other human rights violations, Nigeria’s colonial past and the lacuna of the current police Act have been identified as the militating factors inhibiting effective projection and protection of fundamental rights. These obstacles must therefore be jettisoned in favour of innovative attributes that can boost respect and observation of Human rights in Nigeria. For this to be achieved, behavioral, administrative and most importantly, legislative reform initiative must be put in place. This will in no small measure enhance and sustain good preservation of fundamental rights.