Nigeria Security Agencies and Human Rights Violation: A Study of the Nigeria Customs Services Seme Border, Lagos
Chapter One
OBJECTIVE OF THE STUDY
The fundamental objective of the study is to proffer an appraisal of Nigeria security agencies and human rights violation. A study of the Nigeria custom services SEME Border, Lagos; The specific objectives of the study include;
To determine the nature of human rights violation.
To determine the role Nigeria security agencies in human rights violation.
To determine the role of Nigeria custom services SEME Border, Lagos in human rights violation.
CHAPTER TWO
REVIEW OF RELATED LITERATURE
Human Rights Issues
Human rights have been classified into two main categories namely, the Civil and Political Rights, and the Economic and Social Rights, otherwise referred to as the First and Second generation rights respectively. Under the Civil and Political rights are such rights as the right to life, right to the dignity of human person, right to fair hearing, right to freedom of association, right to private and family life, right to freedom of thought, conscience and religion and freedom of movement. The Economic and Social Rights on the other hand comprise of such rights as the right to education, the right to food and shelter, right to employment, right to security in the event of unemployment.The first and second generations rights are all important for human existence, however, the concentration of the article are mainly on right to life, right to dignity of human person and right to personal liberty. They are all basically under Civil and Political rights. These rights are fundamental because they are basic to the dignified enjoyment of other rights and further guaranteed by the Nigerian Constitution. In addition, the first generation rights are fundamental to human existence, and not subject to political bargain. Also, the second generational rights are much needed for human survival mostly during unforeseen situation example, natural disaster, in time of war and disease pandemic etc. For better understanding, the article will have a close narration and comprehensive discussion on Civil and Political rights in connection to human rights abuses as a result of the enforcement of coronavirus lockdown and a call for justice of the deceased person. In strict legal sense, the closure of borders, ban of flights from and to affected countries, total lockdown of some States and suspension of passenger aircraft both commercial and private jets all directly affect citizens’ right to personal liberty. However, none of the above mentioned are within the confine of the exception of section of the Constitution of Federal Republic of Nigerian (as amended). In addition, International Covenant on Civil and Political Rights (ICCPR) seems to have a consolidated ground on a clear exception on issues bothering on rights to personal liberty as specified in accordance to Article 12 of ICCPR: 1.Everyone lawfully within the territory of a state shall, within that territory, have the right to liberty of movement and freedom to choose his residence. 2.Everyone shall be free to leave any country, including his own. 3.The above- mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (order public), public health or morals or rights and freedoms of others, and are consistent with the other rights recognized in the present covenant. It’s quite clear from the position of Article 12 (3) of ICCPR; that a State actor has the absolute power to infringe the rights of movement of an individual on issues concerning public health. That is to say, the placement of ban by Nigeria state actor on international flights and movement of persons is in accordance with the above mentioned provision. Furthermore, Quarantine Act of 1926 gave the President of Nigeria the power to impose restriction of movement of people, goods and movement of property when needs arises. For a better understanding, Article 4 of Quarantine Act states as follows: The President may make regulation for all or any of the following purposes as specified by law: a. Prescribing the steps to be taken within Nigeria upon any place, whether within or without Nigeria, being declared to be an infected local area. b. Prescribing the introduction of any dangerous infectious disease into Nigeria or any part thereof from any place without Nigeria, whether such place is an infected local area or not. c. Preventing the spread of any dangerous infectious disease from any place within Nigeria, whether an infected local area or not, to any other place within Nigeria. d. Preventing the transmission of any dangerous infectious disease from Nigeria or from any place within Nigeria, whether an infectious local area or not, to any place within Nigeria. e. Prescribing the powers and duties of such officers as may be charged with carrying out such regulations. f. Firing the fees and charges to be paid for any matter or thing to be done under such regulations, and prescribing the persons by whom such fees and charges shall be paid, and the persons by whom the expense of carrying out any such regulation shall be borne, and the persons from whom any such expenses incurred by the government may be recovered. g. Generally, for carrying out the purposes and provisions of this Act. In accordance with the provisions of the Act stated above, it is evident from the above description that the President has the power conferred on him by the Quarantine Act to impose any restriction of movement provided is within the ambit of the laid down laws. That is to say the Presidential order for total lockdown which resulted to compulsory sit at home was properly made within the periphery of Quarantine Act. However, the Act seems to be in contradiction with the provision of the Constitution which emphasized that ‘’every person shall be entitled to his personal liberty and no person shall be deprived of such liberty, safe in connection with any of the exceptions contained thereof in the provision. In addition, there is a constitutional restriction that specified the derogation from fundamental rights provision in any matter concerning the interest of the defence, public health and for the purpose of protecting the freedom of the citizens. Section 45 (1) of the Constitution buttresses the circumstances of derogation as follows: (1)Nothing in section 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society:
CHAPTER THREE
RESEARCH METHODOLOGY
INTRODUCTION
In this chapter, we described the research procedure for this study. A research methodology is a research process adopted or employed to systematically and scientifically present the results of a study to the research audience viz. a vis, the study beneficiaries.
RESEARCH DESIGN
Research designs are perceived to be an overall strategy adopted by the researcher whereby different components of the study are integrated in a logical manner to effectively address a research problem. In this study, the researcher employed the survey research design. This is due to the nature of the study whereby the opinion and views of people are sampled. According to Singleton & Straits, (2009), Survey research can use quantitative research strategies (e.g., using questionnaires with numerically rated items), qualitative research strategies (e.g., using open-ended questions), or both strategies (i.e., mixed methods). As it is often used to describe and explore human behaviour, surveys are therefore frequently used in social and psychological research.
POPULATION OF THE STUDY
According to Udoyen (2019), a study population is a group of elements or individuals as the case may be, who share similar characteristics. These similar features can include location, gender, age, sex or specific interest. The emphasis on study population is that it constitutes of individuals or elements that are homogeneous in description.
This study was carried to examine Nigeria security agencies and human rights violation. Nigeria Custom Services Seme Border Lagos form the population of the study.
CHAPTER FOUR
DATA PRESENTATION AND ANALYSIS
INTRODUCTION
This chapter presents the analysis of data derived through the questionnaire and key informant interview administered on the respondents in the study area. The analysis and interpretation were derived from the findings of the study. The data analysis depicts the simple frequency and percentage of the respondents as well as interpretation of the information gathered. A total of eighty (80) questionnaires were administered to respondents of which only seventy-seven (77) were returned and validated. This was due to irregular, incomplete and inappropriate responses to some questionnaire. For this study a total of 77 was validated for the analysis.
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATION
Introduction
It is important to ascertain that the objective of this study was to ascertain Nigeria Security Agencies And Human Rights Violation. A Study Of The Nigeria Custom Services Seme Border Lagos. In the preceding chapter, the relevant data collected for this study were presented, critically analyzed and appropriate interpretation given. In this chapter, certain recommendations made which in the opinion of the researcher will be of benefits in addressing the challenges of Nigeria Security Agencies And Human Rights Violation. A Study Of The Nigeria Custom Services Seme Border Lagos.
Summary
This study was on a Nigeria Security Agencies And Human Rights Violation. A Study Of The Nigeria Custom Services Seme Border Lagos.. Three objectives were raised which included: To determine the nature of human rights violation, to determine the role Nigeria security agencies in human rights violation and to determine the role of Nigeria custom services SEME Border, Lagos in human rights violation. A total of 77 responses were received and validated from the enrolled participants where all respondents were drawn from Nigeria Custom Services Seme Border Lagos. Hypothesis was tested using Chi-Square statistical tool (SPSS).
Conclusion
The study finally concluded that though the security agencies in Nigeria has significantly infringed on human rights part of Nigeria, National Action Plan (NAP) has significant effect in the Promotion and Protection of Human Rights in Nigeria and the reformed strategies have significantly contributed to the cushioning of human right conundrum in Nigeria.
Recommendation
The Nigerian law enforcement agencies most importantly the Nigerian police needs reorientation because they need to understand their duties as they have to learn that respecting the rights of the citizens are part of their duties. The military on the other hand should be taught to use less force when called upon to restore law and order. Developmental reforms and policies geared towards improving economic infrastructure, human enterprise and political institutions should be adopted and strengthened to complement operations of security agencies
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