Right to Dignity of Human Person
This right is one of the most intrinsic rights of man and can be seen as the determinant of personhood. In recognition of its importance, the Charter of the United Nations in its preamble reaffirms, amongst other things, the universal faith “in the dignity and worth of the human person”.
Article 1 of the UDHR provides that all humans are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in the spirit of brotherhood.
Article 8 of the ICCPR prohibits slave trade or servitude or forced labour, provided such labour is unlawful.
Section 34 of the 1999 constitution provides:
Every individual is entitled to respect for the dignity of his person, and accordingly -
(a) no person shall be subject to torture or to inhuman or degrading treatment;
(b) no person shall he held in slavery or servitude; and
(c) no person shall be required to perform forced of compulsory labour.
S.34(2) lists out exceptions to the provisions of S.34(1)(c):
For the purposes of subsection (1)(c) of this section, "forced or compulsory labour" does not include -
(a) any labour required in consequence of the sentence or order of a court;
(b) any labour required of members of the armed forces of the Federation or the Nigeria Police Force in pursuance of their duties as such;
(c) in the case of persons who have conscientious objections to service in the armed forces of the Federation, any labour required instead of such service;
(d) any labour required which is reasonably necessary in the event of any emergency or calamity threatening the life or well-being of the community; or
(e) any labour or service that forms part of -
(i) normal communal or other civic obligations of the well-being of the community.
(ii) such compulsory national service in the armed forces of the Federation as may be prescribed by an Act of the National Assembly, or
(iii) such compulsory national service which forms part of the education and training of citizens of Nigeria as may be prescribed by an Act of the National Assembly.
Right against torture, inhuman or degrading treatment
Per B.O Nwambueze, this right also extends not only to the kind of punishment meted out to an offender but his treatment in police custody or prison. See Catholic Commission for Justice and Peace in Zimbabwe v Attorney General where the court held that “any punishment or treatment incompatible with the evolving standards of decency that marks the progress of a maturing society… is repulsive”. This stand has been used as a beacon for the revolution against the use of the death penalty as punishment for offences. Also see Madhu Metha v Union of India. In the case of Triveniben and others v State of Gujarat and others, the court held that inordinate delay in the execution of a death sentence may entitle the prisoner to come to court for examination of whether it is just or fair to allow it. In Nigeria however, the issue of whether or not the death penalty is constitutional is just beginning to gain momentum. On the other hand, under most jurisdictions, the issue of the death penalty is not yet well settled.
In relation also to B.O Nwambueze’s assertion, prison conditions have also been identified to be relevant issues in relation to the right against inhuman or degrading treatment. See the case of Rhodes v Chapman where the Court stated that the “condition… in prison must not involve the wanton and unnecessary infliction of pain, nor may they be grossly disproportionate to the severity of the crime warranting imprisonment”.
Thus, where the punishment is highly disproportionate to the crime committed, an infringement of the right to dignity of the human person is determined. See the cases of Mogaji v Board of Customs Excise where market women were harassed with teargas and beaten by law enforcement officers for selling their goods on the side of the road and Amakiri v Iworari where the plaintiff, a journalist was beaten by soldiers and his hair shaved with broken bottles because he had published something offensive to the defendant, about the defendant.
Prohibition of slavery or servitude
To further enhance this prohibition, S.364 of the Criminal Code states:
Any person who—
(1) unlawfully imprisons any person, and takes him out of Nigeria, without his consent; or
(2) unlawfully imprisons any person within Nigeria in such a manner as to prevent him from applying to a court for his release or from discovering to any other person the place where he is imprisoned, or in such a manner as to prevent any person entitled to have access to him from discovering the place where he is imprisoned; is guilty of a felony, and is liable to imprisonment for ten years.
S. 366 of the Criminal Code states that:
Any person who unlawfully confines or detains another in any place against his will, or otherwise unlawfully deprives another of his personal liberty, is guilty of a misdemeanour, and is liable to imprisonment for two years.
Prohibition of forced or compulsory labour
This means all forms of forced labour. Subsection (2) of S.34 gives exceptions to this ruling however:
For (b), note that any such required labour must be in pursuance of their duties as members of the forces.
For (c), this exception recognizes the right to freedom of conscience and religion under S.38 of the Constitution which may preclude persons from joining the armed forces.
For (d), there is yet no compulsory national service in the armed forces even though provision is made for it under S. 220(1) of the 1999 constitution.