AN APPRAISAL OF THE RIGHTS TO PRIVACY UNDER THE 1999 CONSTITUTION

ABSTRACT

This research work examines the legal and institutional framework for the protection of right to privacy in Nigeria. The research work adopts the doctrinal method of legal research. It observes that right to privacy can be limited or derogated from in certain instances in accordance with the law in the interest of defence, public safety, National security/interest and protection of the right and freedom of others. It highlights the activities of states geared towards the maintenance of law and order and notes that National security is an omnibus term with many shades. National security becomes a ready defence often invoked by state authorities in defence of an act that may clearly interfere with individual right to privacy. The research observes that the laws passed in Nigeria aim to preserve certain privacy rights, with an emphasis on developing a framework for digital monitoring that protects individual rights while juggling the demands of law enforcement. The research emphasizes the significance of defining the scope of privacy rights through legislation in order to overcome the current lack of litigation in the area and advance social welfare. The research recommends that state authorities should respect and fulfill their human rights obligations under the international human rights instruments especially as regards the right to privacy. It also recommends reform of Nigeria’s security agencies so that they are regulated by laws that clearly prescribe their powers, establish oversight mechanisms, and meet with international human rights standards. In conclusion, Nigeria’s privacy law, including the 1999 constitution of Nigeria and the Lawful Interception of communication Regulation, fail to adequately address wiretapping and define privacy leaving loopholes susceptible to abuse by government agencies, security forces, and network service providers.