There have been some thoughts that a human rights activist is a constitutional lawyer who is knowledgeable to discuss and make arguments on constitutional matters especially, in our instance, in Nigeria. This paper raises a contrary view.
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Human rights activism or the human rights laws are under the Constitution of Nigeria, a Chapter of the Constitution and or a segment of the 1999 Constitution of the Federal Republic of Nigeria (as amended)-herein after referred to as the Constitution. As a human rights activist, one is equipped with human rights laws and is interested in championing that those rights are respected by all and sundry and any violation and or derogation of same must be as provided by the Constitution and to enforce any violation of such human rights. More researches are carried out in respect of these human rights laws both local and international laws as a human rights activist. More studies in respect of such human rights laws are better to equip a human rights activist. Also, human rights activism is a choice and a matter of interest. In other words, every constitutional lawyer has the tendency of being a human rights activist but not every human rights activist is a constitutional lawyer.
What then does constitutional law involve to mean the above difference as posited by this paper? I have called in aid the definition of Eze Malemi (of blessed memory) in his book ‘The Nigerian Constitutional Law, Princeton Publishing Company, Ikeja, Lagos, First Edition, 2006’ at page 2, where he defined Constitutional Law, as ‘the law which regulates the structure of a country, the powers and functions of government, right and duties of the individual and provides remedies for unconstitutional acts’. He further defined Constitutional law as ‘the law which regulates the exercise of constitutional powers by government and public authorities, the rights and duties of the individual and the provision of remedies for unconstitutional acts. Furthermore, he also defines Constitutional law as ‘the law which regulates constitutional institutions and authorities. It is the law of the Constitution. Constitutional law regaulates the operation, enforcement and interpretation of a constitution’.
From the above definitions of constitutional law, it is my humble submission that constitutional law is wider in scope than human rights laws. In fact, human rights laws are part of constitutional laws in a limited scope though, because, Chapter IV of the Constitution is on Fundamental rights. In this separation, I humbly also submit that Constitutional law and Human Rights Laws are different laws connected in one way or the other in the sense that while a constitutional law lawyer may not be a human rights activist/lawyer, a human rights activist/lawyer too may be entirely not a constitutional lawyer. Also, a human rights activist might not be a lawyer but a constitutional lawyer must be a qualified lawyer because one cannot just read and study constitutional law and then be qualified to discuss constitutional law or argue same without being called to bar with requisite knowledge but a person might not be a lawyer and yet he is a human rights activist. It is therefore my kind advice that any person who is not grounded in constitutional law but only learns about human rights laws should please, avoid poisoning the area of the law for those who are grounded in that area of law –constitutional law. As for me, I have studied constitutional law and human rights laws right from the university and up till now, they are still my areas of study and interest with unprecedented passion, in other words, I am qualified to discuss and argue as a constitutional lawyer and as a human rights activist.
Furthermore, the current circumstance of Nigeria on the issue of ‘doctrine of necessity’ is a constitutional concept which a person who is not a constitutional lawyer might not be able to argue on and so, even a lawyer who is not so qualified should please refrain from misleading the public on their arguments on the inapplicability and illegality of the application of the doctrine of necessity to the present circumstance by the government! Nothing in my humble view, as a human rights activist/lawyer and a constitutional lawyer can be more sufficient to explain circumstances where the doctrine of necessity can be applicable than this present circumstance. I have also observed that some lawyers who champion arguments to protest and contend the doctrine of necessity against the government are being affected in one way or the other by selfish considerations, ethnic and political affiliations to hide under the law to disturb and or cause distraction to the government in its committed efforts to curb the pandemic corona virus in Nigeria as the cases keep rising timely and to distract the government from its measures being taken to contain the said pandemic disease! I humbly advise those lawyers and or individuals to please refrain from their insincere conducts! They should rather join the government to free and secure Nigerians and the Nigerian territory from this pandemic disease, then, when all is well, we can all come together to put in place necessary laws and yardstick to prevent any future disaster! May God Almighty direct the government aright! Nevertheless, they may be a watchdog on government’s actions where same are unnecessary, unjustifiable and unreasonable in a democratic civil society and they may challenge such act of the government as human rights activists.
Finally, it is my humble submission that a human rights activist is not a constitutional lawyer and a constitutional lawyer is not the same as a human rights activist.
Email: hameed_ajibola@yahoo.com
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