Checks / Control / Limitations of Human Rights

Why Human Rights Need Limitations

Imagine if everyone could do absolutely anything they wanted without restrictions. A driver could speed through Lagos traffic at 200 km/h claiming “freedom of movement.” A factory owner could dump toxic waste into the Ogun River saying “my right to do business.” This would create chaos and harm others.

This is why human rights need reasonable limits. Your right to freedom stops where another person’s rights begin. The government can restrict certain freedoms when necessary to protect society, but these restrictions must follow strict rules to prevent abuse of power.

Legal Framework for Limiting Rights in Nigeria

Section 45 of the 1999 Constitution (as amended) is the main law that allows rights to be limited in Nigeria. This section states that rights can be restricted through laws that are “reasonably justifiable in a democratic society.”

The Constitution specifies that rights may be limited for these purposes:

• Public safety: Preventing danger to citizens (e.g., curfews during riots)
• Public order: Maintaining peace and organization in society
• Public morality: Protecting community values and standards
• Public health: Controlling disease outbreaks like COVID-19 or Ebola
• National security: Protecting Nigeria from external threats or terrorism
• Rights of others: Ensuring one person’s freedom doesn’t harm another’s rights

For example, during the COVID-19 pandemic, the government restricted freedom of movement through lockdowns. This was justified under “public health” protection, even though movement is a constitutional right.

Types of Limitations on Human Rights

1. Constitutional Limitations

These are restrictions written directly into the Constitution. Section 45 allows laws to limit rights when “reasonably justifiable.” The Constitution also allows state of emergency declarations under which some rights can be temporarily suspended.

2. Statutory Limitations

These are restrictions created through laws passed by the National Assembly or State Houses of Assembly. Examples include:

• The Official Secrets Act limits freedom of information about classified government matters
• Cybercrime Act restricts certain online speech to prevent cyberbullying and fraud
• Public Order Act requires permits for assemblies to prevent violence

3. Judicial Limitations

Courts can restrict rights through their rulings. For instance, a judge can issue an injunction stopping a protest if there’s credible evidence it will turn violent. Courts also interpret whether government restrictions go too far.

4. Emergency Limitations

During declared emergencies (natural disasters, war, insurrection), the President can suspend certain rights under Section 45(1) of the Constitution. However, even during emergencies, some rights cannot be touched—these are called “non-derogable rights.”

Rights That Cannot Be Limited (Non-Derogable Rights)

Some human rights are so fundamental that they can never be suspended, even during war or national emergencies. These include:

• Right to life: Government cannot execute citizens arbitrarily
• Right to dignity: No torture, cruel or degrading treatment
• Freedom from slavery: No one can be enslaved or held in servitude
• Right to fair hearing: Basic legal protections must always apply

For example, even if Nigeria declared a state of emergency due to Boko Haram insurgency, security forces still cannot torture suspects or deny them access to lawyers.

Principles Governing Rights Limitations

The courts have established key principles to determine if a limitation on rights is acceptable:

Principle of Legality

Any restriction must be based on clear law, not just government preference. Security agents cannot randomly arrest someone claiming “national security”—there must be a specific law authorizing the action.

Principle of Necessity

The restriction must be actually needed to solve a real problem. If Lagos State banned all public gatherings to “prevent crime,” courts would likely reject this as unnecessary since most gatherings are peaceful.

Principle of Proportionality

The restriction should not be more severe than the problem requires. Using a sledgehammer to crack a nut is disproportionate. For example, shutting down all newspapers to stop one false story would be excessive.

Principle of Non-Discrimination

Limitations cannot target specific groups unfairly. A law restricting freedom of worship for Christians but not Muslims would violate this principle.

Practical Examples of Rights Limitations in Nigeria

Example 1: Freedom of Expression vs. Defamation

You have the right to free speech, but you cannot publish lies that destroy someone’s reputation. If a blogger falsely accuses Governor Sanwo-Olu of stealing ₦50 billion, the governor can sue for defamation. The limitation protects others’ rights to their reputation.

Example 2: Freedom of Movement vs. COVID-19 Lockdown

During the 2020 COVID-19 pandemic, federal and state governments restricted movement through lockdowns. Though movement is a constitutional right, this was justified under “public health” protection. However, complete bans on leaving home even for food would have been disproportionate.

Example 3: Freedom of Assembly vs. Public Order

The #EndSARS protests of 2020 showed this tension. Citizens have the right to peaceful assembly, but when some protests turned violent with looting and burning of police stations, government imposed curfews. The initial peaceful protests were protected, but violence justified temporary restrictions.

Example 4: Property Rights vs. Public Interest

If government needs your land to build a highway connecting Lagos to Ibadan, it can acquire the land under the Land Use Act. However, you must receive fair compensation. Government cannot just seize your property without payment.

Checks on Government Power to Limit Rights

To prevent government from abusing its power to restrict rights, several safeguards exist:

Judicial Review

Courts can examine government actions and declare them unconstitutional if they violate rights excessively. Citizens can sue when their rights are unlawfully restricted.

National Human Rights Commission (NHRC)

This federal agency investigates complaints of rights violations and can recommend action against government officials who abuse power.

Civil Society Organizations

Groups like SERAP (Socio-Economic Rights and Accountability Project) monitor government actions and challenge unlawful restrictions through litigation and advocacy.

Free Press

Journalists expose government overreach. Media coverage of rights violations puts public pressure on authorities to respect freedoms.

Democratic Accountability

Elected officials who excessively restrict rights can be voted out in the next election. This political pressure encourages leaders to respect freedoms.

Common Exam Mistakes

WAEC Chief Examiners report that students frequently make these errors when answering questions on rights limitations:

• Confusing “limitations” with “violations”: A justified limitation (like speed limits) is legal. A violation (like police torture) is illegal. They are not the same.
• Stating examples without explaining the principle: Don’t just write “COVID-19 lockdown.” Explain WHY it was justified under public health protection and constitutional Section 45.
• Claiming all rights can be limited: Non-derogable rights (freedom from torture, slavery, etc.) can NEVER be suspended, even during emergencies.
• Forgetting to mention Section 45: This is the constitutional basis for rights limitations in Nigeria. Always reference it when discussing legal framework.
• Poor distinction between “state” and “explain”: “State” means list briefly. “Explain” means give detailed reasons with examples. Don’t confuse these command words.

Practice Questions

Multiple Choice Questions

1. Which section of the 1999 Constitution allows limitation of human rights in Nigeria?
a) Section 33
b) Section 39
c) Section 45 ✓
d) Section 42

2. Which of the following rights CANNOT be suspended even during national emergency?
a) Freedom of movement
b) Freedom from torture ✓
c) Freedom of assembly
d) Right to privacy

3. The principle that restrictions on rights must not be more severe than necessary is called:
a) Legality
b) Necessity
c) Proportionality ✓
d) Non-discrimination

4. During COVID-19 lockdown, government restricted movement to protect:
a) National security
b) Public morality
c) Public health ✓
d) Economic development

Essay Questions

1. Explain FIVE reasons why human rights may be limited in Nigeria. (10 marks)

Examiner’s Tip: Use the structure: State the reason + Explain what it means + Give a Nigerian example. Each complete point earns 2 marks.

2. Distinguish between “derogable” and “non-derogable” rights, giving TWO examples of each. (8 marks)

Examiner’s Tip: Start by defining both terms (2 marks). Then list and briefly explain 2 examples of each type (6 marks). Don’t just list without explaining the difference.

3. Describe FOUR principles courts use to determine if a limitation on rights is justified. (8 marks)

Examiner’s Tip: “Describe” means more than just stating the name. Explain what each principle means and how courts apply it. Use examples to strengthen your answer.

Memory Aids

Reasons for limiting rights – “SHAMPOO”:

• Safety (public safety)
• Health (public health)
• And (conjunction)
• Morals (public morality)
• Peace (public order)
• Others’ rights (protecting rights of others)
• Our security (national security)

Non-derogable rights – “LIFE MUST Continue”:

• Life (right to life)
• Inhuman treatment forbidden (no torture)
• Fair hearing (right to fair trial)
• Enslavement forbidden (freedom from slavery)

Principles for testing limitations – “LNPN”:

• Legality
• Necessity
• Proportionality
• Non-discrimination

Related Topics

• Fundamental Human Rights in the 1999 Constitution
• Separation of Powers and Checks and Balances
• Rule of Law and Its Application in Nigeria
• Functions of the National Human Rights Commission
• Duties and Obligations of Citizens