Why Human Rights Are Entrenched In the Constitution

What Entrenchment Means

Imagine if the government could remove your right to life or freedom tomorrow with a simple vote. That would be dangerous. Entrenchment prevents this.

In Nigeria’s Constitution, certain human rights are entrenched. This means they have special protection. A government cannot wake up and cancel these rights with an ordinary law. To change entrenched rights, very difficult procedures must be followed.

For example, changing entrenched clauses in Nigeria’s 1999 Constitution requires approval from:

• Two-thirds of National Assembly members (Senate and House)
• Two-thirds of State Houses of Assembly
• The President’s signature

This process is intentionally difficult. It protects citizens from leaders who might want to abuse power.

Why Human Rights Must Be Entrenched

1. Protection from Government Abuse

Governments change. A new president or governor might have different ideas about freedoms. Without entrenchment, a government could remove rights when convenient.

For example, if freedom of speech was not entrenched, a government facing criticism could pass a law banning protests. Entrenchment prevents this.

2. Stability and Predictability

Citizens need to know their rights will not disappear overnight. Businesses invest in countries with stable rights. Entrenchment creates this stability.

When rights are entrenched, people can plan their lives knowing their freedoms are protected. A journalist knows she can write freely. A Muslim knows he can practice his religion. A trader knows his property cannot be seized without compensation.

3. Protection of Minorities

Majority groups might vote to remove rights of minority groups if simple voting was allowed. Entrenchment prevents “tyranny of the majority.”

For example, if 70% of a state follows one religion, they could vote to ban other religions if rights were not entrenched. Entrenchment protects the 30% minority.

4. Compliance with International Standards

Nigeria signed international agreements like the African Charter on Human and Peoples’ Rights and the Universal Declaration of Human Rights. These agreements require protecting human rights.

Entrenchment shows the world that Nigeria takes these commitments seriously. It attracts international investment and cooperation.

5. Checks Military and Emergency Rule

Nigeria experienced military rule from 1966 to 1999 (with brief democratic periods). Military governments often suspended rights.

Entrenchment makes it harder for any government – civilian or military – to suspend rights, even during emergencies. While some rights can be limited during emergencies (like movement restrictions during Ebola), core rights remain protected.

6. Prevents Hasty Decisions

During crises, governments might want to remove rights quickly. Entrenchment forces careful thought.

For example, after a security challenge, a government might want to ban free speech to “maintain order.” Entrenchment requires extensive debate and approval before such drastic action.

Comparison: Entrenched vs Non-Entrenched Rights

Entrenched Human Rights in Nigeria’s 1999 Constitution

Chapter IV (Sections 33-46) contains Nigeria’s entrenched fundamental rights:

• Right to life (Section 33) – except lawful execution for serious crimes
• Right to dignity (Section 34) – no torture or inhuman treatment
• Right to personal liberty (Section 35) – no detention without trial
• Right to fair hearing (Section 36) – court trial before punishment
• Right to private life (Section 37) – privacy of home and communication
• Right to freedom of thought and religion (Section 38)
• Right to freedom of expression (Section 39) – including press freedom
• Right to peaceful assembly (Section 40) – can hold rallies and protests
• Right to freedom of movement (Section 41) – can move within Nigeria
• Right to freedom from discrimination (Section 42) – no bias based on tribe, religion, or gender
• Right to own property (Section 44) – government cannot seize without compensation

Common Exam Mistakes

WAEC Chief Examiner reports show students often make these errors:

1. Confusing entrenchment with enforcement – Entrenchment is about how difficult it is to change rights. Enforcement is about making sure rights are respected. They are different concepts.
2. Saying all rights are entrenched – Only fundamental rights in Chapter IV are entrenched. Directive Principles in Chapter II (like free education and healthcare) are not entrenched and cannot be enforced in court.
3. Mentioning without explaining – When asked to “explain why rights are entrenched,” students just write “to protect citizens.” This is too vague. Explain how entrenchment protects (e.g., “requires 2/3 majority so temporary government cannot remove rights”).
4. Using “state” when they mean “explain” – If question says “state,” give brief points. If it says “explain,” give detailed reasons with examples.
5. Forgetting Nigerian examples – Use local examples like SARS protests (freedom of assembly), Lekki Toll Gate (right to life), or Daily Trust newspaper raids (press freedom).

Practice Questions

Multiple Choice Questions

1. What does “entrenchment” of human rights mean?
a) Rights can be changed by the President alone
b) Rights require special procedures to be changed ✓
c) Rights apply only to government officials
d) Rights cannot be enforced in court

2. Which chapter of Nigeria’s 1999 Constitution contains entrenched fundamental rights?
a) Chapter II
b) Chapter III
c) Chapter IV ✓
d) Chapter V

3. To amend entrenched clauses in Nigeria’s Constitution requires approval from:
a) The President only
b) Simple majority in National Assembly
c) Two-thirds of National Assembly and state legislatures ✓
d) The Supreme Court

4. Which of these is NOT a reason for entrenching human rights?
a) Protection from government abuse
b) Protection of minority groups
c) Making it easier to change laws quickly ✓
d) Compliance with international standards

Essay/Theory Questions

1. Explain FOUR reasons why human rights are entrenched in the Constitution. (12 marks)

Examiner’s Tip: Use the word “explain” as your guide – don’t just list reasons. For each reason, say what it means and give an example. Write at least 3-4 sentences per reason. Good answers mention: protection from abuse (with example of how governments could misuse power), minority protection (with example of religious or ethnic minorities), stability (how it helps investment), and international commitments.

2. Distinguish between entrenched and non-entrenched provisions in the Nigerian Constitution, giving TWO examples of each. (10 marks)

Examiner’s Tip: “Distinguish” means show clear differences. Create a comparison showing: (i) How each is changed, (ii) Examples from the Constitution, (iii) Whether courts can enforce them. For entrenched, mention Chapter IV rights like freedom of speech. For non-entrenched, mention Chapter II Directive Principles like free education.

3. “Entrenchment of human rights makes it difficult for government to respond quickly to emergencies.” Discuss. (15 marks)

Examiner’s Tip: This is a balanced question. Discuss BOTH sides. First, agree that entrenchment can slow government response (give examples like movement restrictions during epidemics). Then, argue why this is still necessary (prevents abuse of emergency powers). Conclude with your position. Good answers mention Section 45 which allows limited derogation during emergencies.

Memory Aids

PROTECT – Why rights are entrenched:

• Protection from government abuse
• Rights of minorities safeguarded
• Obligations to international community
• Tyranny of majority prevented
• Emergency powers controlled
• Confidence and stability for investment
• Time for careful thought before changes

Remember: Chapter FOUR = Fundamental rights (both start with F)

Amendment procedure: Think “2-2-1” = 2/3 National Assembly + 2/3 States + 1 President

Related Topics

• Fundamental Human Rights in Nigeria
• Limitations to Fundamental Human Rights
• Differences Between the 1979 and 1999 Constitution
• Supremacy of the Constitution
• Rule of Law