Nigeria
Nigeria
Right | Section | Contents |
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Freedom of Association | History | Chapter IV Section 37 of the constitution of the Second Republic ( 1979) states that “every person shall be entitled to assemble freely and associate with other persons, and any political party, trade union, or other association for the protection of his interests.”
Freedom of association is enumerated in the first constitution of independent Nigeria, enacted in 1960. Under Article 25, “every person shall be entitled to … associate with other persons and in particular he may form or belong to trade unions and other associations for the protection of his interests.” The article subsequently lays out broad reservations on this article, precluding its application to laws “reasonably justifiable in a democratic society” that are in the interest of “defense, public safety, public order, public morality, or public health,” as well as those “for the purpose of protecting the rights and freedoms of other persons.” “The Constitution of the Federation of Nigeria.” World Constitutions Illustrated, July 24, 2023, https://heinonline-org.ccl.idm.oclc.org/HOL/Page?collection=cow&handle=hein.cow/zzng0011&id=1&men_tab=srchresults. |
Freedom of Expression | History | Article 24 of the 1960 Constitution of Nigeria, created after its independence, entitles citizens to the right of freedom of expression. Section 2a of this Article states that this freedom can only be limited if it is “reasonably justifiable” in “the interest of defense, public safety, public order, public morality or public health.” This wording is consistent through Nigeria’s 1999 Constitution.
References: Constitution of Federation of Nigeria, 1960. National Assembly (2010), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0011&i=1 Constitution of the Federal Republic of Nigeria, 1999. Comparative Constitutions Project (2009), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzng0020&i=1 |
Freedom of Religion | History | Article 23.1 of the 1960 Nigerian constitution is the first time freedom of religion was protected for Nigerian citizens. It states: “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom… to manifest and propagate his religion or belief in worship, teaching, practice and observance” (Hein Online).
The current Constitution of the Federal Republic of Nigeria was ratified on May 29, 1999. Articles 15.2, 38, and 42.1 grant religious freedom, equality, and prohibit religious freedom. Article 10 forbids a declaration of a state religion. Article 38.1 of the current constitution uses the same language concerning freedom of religion as the 1960 Constitution (constituteproject.org). "Chapter III: Fundamental Rights." CONSTITUTION OF THE FEDERATION OF NIGERIA, pp. [17]-[27]. HeinOnline, https://heinonline-org.uc.idm.oclc.org/HOL/P?h=hein.cow/zzng0011&i=22. “Nigeria 1999 (Rev. 2011) Constitution.” Constitute. Accessed July 26, 2023. https://www.constituteproject.org/constitution/Nigeria_2011. National Assembly of Nigeria. “Constitution of the Federal Republic of Nigeria.” Nigeria Law. Nigeria Law, 2011. Last modified 2011. Accessed June 23, 2022. http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm. |
Freedom of the Press | History | Article 25 of Nigeria’s 1963 Constitution protected press freedom: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference” (Global Citizenship Observatory, “The 1963 Constitution of Nigeria”). Today, Chapter IV, Article 39 of Nigeria’s 1999 Constitution protects press freedom: “Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference" (Constitute Project, “ Nigeria’s Constitution of 1999 with Amendments through 2011” ). |
Privacy Rights | History | In 1960, the country’s first constitution protected the private life, home, and correspondence of each person in Article 22 (World Statesmen, “The Constitution of the Federation of Niger”).
Today, the same language is seen in Article 37 of the 1999 constitution (Constitute Project, “Nigeria Constitution 1999 rev. 2011” ). https://www.worldstatesmen.org/nigeria_const 1960. pdf https://constituteproject.org/constitution/Nigeria_ 2011? lang=en |
Voting Rights and Suffrage | History | Article 4 of Nigeria’s Constitution grants citizens the right to vote for members of the House of Assembly. Article 117 states that any citizen over the age of 18 that is registered to vote may do so in these elections. (Constitute Project, “ Nigeria’s Constitution of 1999 with Amendments through 2011” ). |