KNOW YOUR RIGHTS: RIGHT TO LIFE AND ITS ENFORCEMENT UNDER THE LAW

 

KNOW YOUR RIGHTS: RIGHT TO LIFE AND ITS ENFORCEMENT UNDER THE LAW

 RIGHT TO LIFE: A FUNDAMENTAL, SACRED AND SACROSANCT RIGHT

The right to life is both sacred and sacrosanct. It is the highest and most important of all the fundamental rights being enjoyed by every human being. This sacred and fundamental right is  constitutionally guaranteed by Section 33(1) of the Constitution of the Federal Republic of Nigeria 1999 as amended (CFRN), which provide thus:

"Every person has a right to life and no one shall be deprived intentionally of his life, save in execution of the sentence of a Court in respect of a criminal offence of which he has been found guilty in Nigeria."

 

In C.O.P TARABA STATE & ANOR v. DABO & ANOR (2019) LPELR-47215(CA) it was stated per my noble lord, Abiriyi JCA of the Court of Appeal that fundamental human rights matters are serious matters. Allegations of breach of right to life are much more serious. The first right is the right to life. It is the most precious gift on earth. Thus the law provides that everyone is entitled to life and no one can be deprived of his life intentionally save in the execution of a sentence of a Court etc. See Section 33 of the 1999 Constitution FRN (as amended).

 

However, it should be noted that there are some exceptions to right to life. Thus, it may not amount to a violation of right to life of a person if the life of that person is taken under the following circumstances:

 

1. If life is taken in execution of the sentence of a Court in respect of a criminal offence of which he has been found guilty in Nigeria

 

2. Also, a person shall not be regarded as having been deprived of his life if he dies as a result of the use, to such extent and in such circumstance as are permitted by law, of such force as is reasonably necessary- (a) For the defence of any person from unlawful violence or for the defence of property; (b) In order to effect a lawful arrest or to prevent the escape of a person lawfully detained- or (c) For the purpose of suppressing a riot, insurrection or mutiny. See Section 33(2) of CFRN. See also NDUBUISI v. STATE (2018) LPELR-44908(SC).

 

ENFORCEMENT OF RIGHT TO LIFE

A side by side perusal of Sections 33(1) and 46 of CFRN could create an impression that it is only an attempt to violate right to life that can be enforced as the victim would still be alive to enforce his right, and the actual violation of right to life itself cannot be enforced because the victim would have died and unable to enforce his/her right.

 

This then leads us to the question whether the right to life of a deceased person can be enforced under the law?

 

Right to life is in a class of its own because its violations range from attempt which is a process before full violation occurs, to full violation which is when violation is completed.  The victim of the violation can act for himself before completion. However, when such violation has gone to the irreversible stage of death, then, such can only be litigated by a next of kin.  Failure to accommodate this special class of right and its peculiarities will be against the letters and intents of the Constitution because that is the only right that can be redressed in the absence of the possessor of the right.  The right to life of a dead person can be litigated in the court.  Failure to address such violations will create a monstrous situation where infractions will continue unabated and without redress thereby reducing fundamental right to life to chasing shadows or holding the wind.

 

To insist that only a person who is the subject of an infringement to right to life can approach the court when such right is violated would create an absurdity and same is against the spirit of the constitution. Such insistence would lead to non-realization of a fundamental right expressly created by the constitution. This is more so in relation to right to life when already breached, because in such a situation the subject of the infringement would have died and unable to take any action.

 

Thus, to avoid the anomaly above, the next of kin or the dependent of a deceased victim of an infringement to right to life should be permitted to enforce the right so deprived. It has once been judicially said by my noble lord, Karibi Whyte JSC in BELLO V A.G. OYO (1986) 5 NWLR (Pt.45) 828  that an action will lie for the violation of  the right to life by or on behalf of  any person who has an interest in the continued existence of the deceased victim.

 

CONCLUSION

The totality of the above submissions is that the right to life of a deceased victim can be enforced by his next of kin or dependents. This has been judicially said and settled in OMONYAHUY & ORS v. IGP & ORS 2015) LPELR-25581(CA) and DILLY v. IGP & ORS (2016) LPELR-41452(CA).

 

Jimoh Mokanreola Bamigbola Esq.

FOR: M.J.B. BAMIGBOLA & CO.