HUMAN RIGHTS AND NATIONAL SECURITY

Abstract

Human rights is essential for the sustenance of any democratic society. Human rights and national security are two important concepts that often intersect and sometimes pose complex challenges. Human Rights are inalienable rights and freedoms that every individual is entitled to enjoy. While, national security refers to the protection of a nation’s sovereignty, territorial integrity and the safety of its citizens. This research seeks to examine the intersection between human rights and national security particularly in Nigeria. This research examines the conceptualization of human rights, historical development of human rights; from Magna Carta Libertatum of 1215 to the signing of the UN Charter on June 1945 which brought human rights within the sphere of International law. This research also delved into the classification, sources and characteristics of human rights. The doctrinal research methodology was applied during the course of this research through the use of relevant Nigerian laws; the Constitution of the Federal Republic of Nigeria, Anti-terrorism and Prevention Act and Administration of Criminal Justice Act 2015. A comparative analysis was done during the course of this research using the United States of America, India and South Africa as a case study. This research found that fundamental rights in Nigeria are buffeted by number of daunting challenges which threaten and endanger fundamental rights into meaninglessness. This research also found that governmental authoritarianism, which manifests in executive lawlessness and police brutality inspired by anti-rights laws in the statute books is the most worrisome as government do not obey Judicial Orders enforcing fundamental rights of citizens. The research found that Nigerian governments do not take fundamental rights of Nigerians into account in the formulation and execution of Government policies and actions.