RIGHT TO LIFE

WHAT IS RIGHT TO LIFE?

The concept of right to life is the belief that a human being has the right to live and should not be killed by another entity whether individual or government.  The right to life is inalienable (cannot be taken away) and the government has the obligation to secure it.

Human life is sacred and should not be taken away. It is based on the importance of the sanctity of human life that some countries have forbidden the death penalty, no matter the crime committed.

The concept of right to life arises in debate on issues of capital punishment, war, abortion, euthanasia(mercy killing), self defense etc. We will discuss them one after the other during the course of the month.

WHY IS RIGHT TO LIFE SO IMPORTANT?

In the first place, we can’t enjoy other rights if we are denied the right to life. Dead men don’t talk! The right to life is one of the most important fundamental rights and the government is charged with the responsibility to protect it. Every human life should be valued and respected and no one shall be arbitrarily deprived of his life. 

We should hold the government responsible for every life that has been lost under their watch as a result of their actions or inactions. There is no use having a Constitution if we cannot rely on it and uphold it.

In The Universal Declaration of Human Rights, the most important document adopted by the General Assembly of the United Nations shortly after the end of the Second World War, it is stated that “Everyone has the right to life, liberty and security of person”. The African charter on Human and Peoples Right puts it thus: “Human beings are inviolable. Every human being shall be entitled to respect for his life and integrity of his person. No one may be arbitrarily deprived of this right”. Need I say more? The importance of human life cannot be over emphasized.

Even if there were no laws to tell us how important a human life is, our conscience is enough. 

In the case of Aliu Bello and 13ors V Attorney-General Oyo State (1986) 5 NWLR 828, the accused had been convicted of armed robbery and had been sentenced to death by the Oyo State High Court under the Robbery and Firearms Law of the State. The convict's appeal was pending before the Court of Appeal when the Governor ordered his execution. The deceased's dependants brought an action claiming damages for the illegal killing of their bread- winner. The Court castigated the Government of Oyo State for illegally taking the life of the deceased. 

 

Do you know that in some countries, right to life is not just about breathing? It has been expanded to cover basic amenities. So to be denied basic amenities is to be denied right to life! In India, for instance, right to life has been expanded to include not only physical existence but the use of other limbs or facility through which life is enjoyed, to live in basic human dignity since without basic human dignity, life would not be worth living, the state duty to reduce infantile mortality. All of these form the concept of right to life in India. 

In Nigeria, all we are asking is a chance to breath. Obviously, that’s too much to ask.

WHAT DOES THE LAW SAY ABOUT RIGHT TO LIFE?

This right is enshrined in Section 33 of the 1999 Constitution of the Federal Republic of Nigeria. The section provides that persons living in Nigeria shall have a right to life and NO ONE shall be deprived INTENTIONALLY of his life unless in execution of the sentence of a court of a criminal offence of which he has been found guilty.

Section 33(2) provides exceptions  to the right to life as follows:

* where in defence of a person or unlawful violence or defence of of property.

* to effect a lawful arrest or prevent the escape of a person lawfully detained.

* for the purpose of suppressing a riot, insurrection or mutiny.

like I said earlier, the above exceptions will be broken down and discussed throughout the month. 

Let me vent a bit. So the law has guaranteed our right to life abi? How guaranteed is it in practice, seeing that thousands of lives have been lost at the hands of law enforcement agents and private individuals, empowered by the act or omission of the government. What do I mean by ACT OR OMISSION? I mean the government either orders the killing or stands by and does nothing about the killing of innocent citizens, or the body language of the government clearly shows that it does not care about its citizens. 

These trigger happy, blood thirsty people get away with murder most of the time. Consider the activities of Boko Haram and Fulani Herdsmen, slaughtering people at will, raping and maiming women and young girls, c

ult groups having a field day, slaughtering people and getting away with it. Some even walk free on our streets, untouched. What then is the use of the Law? What is the value of Human life in Nigeria?

Years ago, my brother was arrested along side other young men and detained by men of the Nigerian Police Force for a crime he did not commit. One night, they were lined up and asked to run. The plan was to shoot them and claim they tried to escape lawful detention. They refused to run. They were beaten up and thrown back in the cell. What if they ran and got killed by the police men? They would have gotten away with it, covered by Section 33 (2) of the Constitution; escape from lawful detention. This happened when I was in secondary school. That kind thing no fit happen for my family again. Dem no born dem well.

WHO IS RESPONSIBLE FOR SAFE GUARDING HUMAN LIFE?

You guessed right! The Government! The government should be protecting us, not ending us. Public authorities should consider your right to life when making decisions that might put you in danger.

The government has a duty to properly and thoroughly investigate every death that happens under their watch; when people are in police custody, in their farms, in their houses, during peaceful protests, in churches/mosques, in schools, in the market,everywhere in the country!

In plain English, the government MUST actively protect you by taking concrete actions on threat to life. The government should not take your life. We constantly face threats from terrorists . Our people are being slaughtered like no man’s business. Human life is completely disregarded in Nigeria. Our government is just doing ‘sidon look’. 

Hold them responsible. Drum it into their ears until they listen and take action!