Be That Victim Of Human Rights Abuse!

By Amb. Hameed Ajibola Jimoh, Esq.

Abstract

Human rights are the bedrock of human dignity and the foundation for justice, peace, and equality in any society. Yet, in Nigeria and across the world, breaches of human rights are often met with silence or indifference from those who are not directly affected. Many citizens only become concerned when they themselves or their loved ones are victims. This apathy emboldens violators and weakens the collective defense of freedom. This paper argues that every individual must cultivate the mindset of “being that victim” of human rights abuse—by placing themselves in the position of those who suffer injustice—because an injury to one is potentially an injury to all. Relying on Nigerian constitutional provisions, African and international human rights instruments, and comparative jurisprudence, this work emphasizes the duty of individuals, the State, and institutions to defend the rights of all persons. The conclusion reached is that only a society that internalizes empathy for victims of human rights abuse can achieve true justice and sustainable peace.

Keywords: Human Rights; Nigeria; Victimhood; Empathy; African Charter; Justice.

Introduction

The struggle for the recognition, protection, and enforcement of human rights is as old as human civilisation itself. From the Magna Carta of 1215, through the English Bill of Rights 1689, the French Declaration of the Rights of Man and of the Citizen 1789, to the Universal Declaration of Human Rights (UDHR) 1948, humanity has repeatedly affirmed the inherent dignity and equal worth of all persons. Human rights are now universally acknowledged as inalienable, indivisible, and interdependent. They form the bedrock of modern democracy, constitutionalism, and the rule of law.

In Nigeria, the 1999 Constitution (as amended) entrenches fundamental rights in Chapter IV, guaranteeing the right to life, dignity of the human person, personal liberty, fair hearing, freedom of expression, and freedom from discrimination, among others. Yet, despite this robust legal framework, the lived reality of Nigerians is often one of systemic violations: arbitrary arrests, unlawful detentions, extrajudicial killings, torture, suppression of press freedom, gender-based violence, and forced evictions.

A deeper challenge lies in the prevailing culture of indifference. Too often, citizens view human rights violations as the concern of the immediate victim alone. This apathy emboldens perpetrators and weakens the collective defence of liberty. As Martin Luther King Jr. warned, *“Injustice anywhere is a threat to justice everywhere.”* Today’s silent observer may be tomorrow’s victim.

This paper is written as a clarion call to Nigerians—and indeed to the global community—to adopt the philosophy of “being that victim of human rights abuse.” By imaginatively placing oneself in the position of the oppressed, individuals cultivate empathy and solidarity. Such solidarity is crucial for strengthening human rights enforcement, deterring abuses, and building a just and peaceful society.

The paper proceeds as follows: Chapter One provides conceptual clarifications; Chapter Two analyses human rights under Nigerian law; Chapter Three explores international and regional frameworks; Chapter Four presents case studies of violations; Chapter Five offers recommendations; and Chapter Six concludes.

CHAPTER ONE

CONCEPTUAL CLARIFICATIONS

1.1 Human Rights

Human rights are those rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, religion, or any other status. They are not privileges granted by the State, but entitlements that accrue by reason of humanity. The Nigerian Constitution recognises and protects them in Chapter IV, with section 46 providing for judicial enforcement.

The rights are often categorised into three generations:

1. Civil and Political Rights – e.g., right to life, freedom of expression, right to fair hearing.
2. Economic, Social, and Cultural Rights – e.g., right to work, education, health, adequate standard of living.
3. Group or Collective Rights – e.g., right to self-determination, right to development, environmental rights.

The African Charter on Human and Peoples’ Rights (1981) is particularly unique for recognising both individual and peoples’ rights, as well as duties of individuals towards the community.

1.2 Human Rights Abuse

Human rights abuse occurs when a State, institution, or individual violates rights guaranteed by law. In Nigeria, common forms include:

Police brutality and unlawful detention;

Torture and degrading treatment;

Denial of access to justice;

Gender-based discrimination and domestic violence;

Suppression of press freedom;

Unlawful evictions and land dispossession.

Despite constitutional and international safeguards, such abuses persist due to weak institutions, corruption, impunity, and citizens’ apathy.

1.3 Why People Often Remain Indifferent

Several reasons explain public indifference towards human rights abuses:

1. The “Not Me” Syndrome – People assume they are safe from arbitrary arrest, torture, or unlawful dismissal so long as they are law-abiding. Yet, history shows that even the innocent may fall victim of abuse.
2. Fear of State Reprisal – In authoritarian settings, speaking up may attract victimisation.
3. Lack of Legal Awareness – Many citizens are unaware of their rights or the mechanisms for redress.
4. Cultural Relativism – In some communities, harmful practices are tolerated despite their inconsistency with human rights norms.

The Case for Solidarity with Victims

Human rights protection thrives on solidarity. If citizens fail to resist violations against others, they erode safeguards for themselves. The Nigerian courts have repeatedly held that the judiciary is the last hope of the common man. Yet, courts can only act when victims or their supporters bring matters before them.

At the international level, the jurisprudence of the European Court of Human Rights shows how vigilant activism prevents the erosion of liberty. In Soering v. United Kingdom, the Court held that extradition could not be permitted where there was a real risk of inhuman or degrading treatment. Similarly, the African Commission on Human and Peoples’ Rights in SERAC v. Nigeria condemned the Nigerian Government for failing to protect the Ogoni people from environmental degradation and abuses by multinational corporations.

These decisions illustrate that progress in human rights protection occurs when people (whether directly affected or not) pursue justice.

The Role of Law and Civil Society

The law provides avenues for both victims and concerned third parties to challenge abuses. Section 46 of the Nigerian Constitution empowers any person who alleges a violation of fundamental rights to approach the High Court for redress. This liberal standing rule allows advocates, civil society organisations, and public-spirited individuals to litigate in defence of others.

Civil society organisations play a crucial role in raising awareness, providing legal aid, and holding governments accountable. International NGOs such as Amnesty International and Human Rights Watch, as well as local organisations like the Civil Liberties Organisation (CLO), have been instrumental in keeping human rights abuses in public discourse.

The Moral Imperative

Beyond law, there is a moral duty to empathise with victims. The philosophy of “Ubuntu” in African thought emphasises that one’s humanity is bound up with the humanity of others. To ignore injustice against one is to threaten justice for all.

1.4. Victimhood and Empathy

In human rights discourse, a victim is a person whose rights have been infringed upon. International instruments such as the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) recognise victims as deserving protection, redress, and assistance.

This paper, however, urges a psychological and moral shift: that even when one is not the direct victim, one must cultivate empathy—the ability to put oneself in the shoes of the oppressed. To “be that victim” means to internalise the pain of others as one’s own. Such empathy fuels collective action, strengthens solidarity, and deters violations.

Conclusion

The attitude of indifference towards human rights abuses against others is dangerous. Today’s bystander may be tomorrow’s victim. It is both a legal and moral imperative for all to rise against human rights violations—whether or not one is the immediate victim.

As Dr. Martin Luther King Jr. famously declared: “Injustice anywhere is a threat to justice everywhere.” This timeless truth must guide our collective struggle for human dignity and freedom.

CHAPTER TWO

HUMAN RIGHTS UNDER NIGERIAN LAW

2.1 Constitutional Framework

The Constitution of the Federal Republic of Nigeria 1999 (as amended) is the grund-norm, and Chapter IV thereof entrenches fundamental rights. Section 33 guarantees the right to life, section 34 ensures the dignity of the human person, section 35 provides for personal liberty, section 36 for fair hearing, section 37 for privacy, section 38 for freedom of thought, conscience, and religion, section 39 for freedom of expression and the press, section 40 for freedom of assembly and association, section 41 for freedom of movement, section 42 for freedom from discrimination, and section 43 recognises the right to acquire and own immovable property anywhere in Nigeria.

These provisions are justiciable and enforceable in the High Courts of States and the Federal High Court under section 46. The Constitution further empowers the Chief Justice of Nigeria to make the Fundamental Rights (Enforcement Procedure) Rules 2009 (FREP Rules), which are intended to remove technicalities and enhance access to justice.

However, the Constitution also places limitations on rights. For example, the right to life may be derogated from in execution of a court sentence, in defence of property, to prevent escape of a lawful detainee, or in suppression of a riot. Similarly, section 45 allows laws that derogate from rights where “reasonably justifiable in a democratic society” in the interest of defence, public safety, public order, public morality, or public health.

The tension between rights and limitations has produced rich Nigerian jurisprudence, which is discussed below.

2.2 Judicial Interpretation of Human Rights

The courts have consistently affirmed the supremacy of fundamental rights. In Fawehinmi v Abacha (2000) 6 NWLR (Pt 660) 228, the Supreme Court held that the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act is part of Nigerian law and ranks above other domestic statutes. This case reinforced Nigeria’s commitment to international human rights obligations.

In Uzoukwu v Ezeonu II (1991) 6 NWLR (Pt 200) 708, the Court of Appeal clarified that fundamental rights are rights explicitly entrenched in the Constitution, whereas ordinary legal rights are provided in statutes and common law. The court distinguished between fundamental rights (with constitutional force) and mere statutory rights.

In Odafe v Attorney-General of the Federation (2004) AHRLR 205 (NgHC 2004), the Federal High Court held that denial of medical treatment to prisoners amounts to cruel, inhuman, and degrading treatment, contrary to section 34 of the Constitution and article 5 of the African Charter.

Similarly, in Ibidapo v Lufthansa Airlines (1997) 4 NWLR (Pt 498) 124, the Supreme Court stressed that Nigeria’s incorporation of international treaties, such as the Warsaw Convention, makes their provisions enforceable against individuals and corporations, thereby extending human rights protection beyond State action.

The judiciary has thus played a critical role in expanding the frontiers of rights, though challenges remain in implementation.

2.3 Statutory and Institutional Safeguards

Apart from the Constitution, several statutes strengthen human rights protection in Nigeria. For example:

The Administration of Criminal Justice Act 2015 (ACJA): prohibits torture, ensures speedy trials, and protects suspects’ rights.

The Child Rights Act 2003: domesticates the UN Convention on the Rights of the Child, recognising the best interests of the child as paramount.

The Violence Against Persons (Prohibition) Act 2015 (VAPP Act): criminalises all forms of violence, including harmful traditional practices, spousal battery, and political violence.

The Freedom of Information Act 2011: guarantees access to public records and information, promoting transparency and accountability.

Institutionally, the National Human Rights Commission (NHRC) was established under the NHRC Act 1995 (as amended in 2010) to investigate complaints, promote awareness, and monitor government compliance with human rights. The Commission enjoys quasi-judicial powers and its decisions are enforceable once registered in the High Court.

2.4 Challenges in Domestic Enforcement

Despite the existence of legal frameworks, human rights enforcement in Nigeria faces formidable obstacles:

1. Weak Institutions: Many institutions are underfunded, politicised, and lack independence.
2. Judicial Delays: Protracted litigation undermines the efficacy of constitutional remedies.
3. Security Forces’ Impunity: Cases of police brutality, arbitrary detention, and extrajudicial killings persist, often without accountability.
4. Cultural Barriers: Practices such as child marriage, female genital mutilation, and gender discrimination continue despite constitutional guarantees.
5. Public Apathy: Citizens rarely challenge violations unless directly affected, which allows impunity to thrive.

The cumulative effect is a paradox where rights exist in law but are routinely violated in practice. This necessitates looking beyond Nigeria’s borders to international and regional mechanisms for reinforcement.

CHAPTER THREE

HUMAN RIGHTS UNDER INTERNATIONAL AND REGIONAL LAW

3.1 Introduction

Human rights transcend national borders and are rooted in the inherent dignity of every individual. Nigeria, as a member of the United Nations (UN), African Union (AU), and the Economic Community of West African States (ECOWAS), has subscribed to numerous international and regional human rights instruments. These instruments not only bind the State but also enrich domestic jurisprudence. This chapter examines the key global and African human rights frameworks, their application in Nigeria, and the jurisprudence of international and regional bodies.

3.2 The Universal Declaration of Human Rights (UDHR) 1948

The UDHR, adopted by the UN General Assembly in 1948, is widely regarded as the cornerstone of modern human rights. Although not a binding treaty, it has acquired the status of customary international law.

Key provisions include:

1. Right to life, liberty, and security of person (Article 3);
2. Prohibition of torture and slavery (Articles 4–5);

• Right to fair trial (Article 10);

1. Freedom of thought, conscience, and religion (Article 18);
2. Freedom of expression (Article 19);
3. Right to education (Article 26).

Nigeria frequently invokes the UDHR in judicial reasoning. For example, in Director, SSS v Agbakoba (1999) 3 NWLR (Pt 595) 314, the Supreme Court reinforced the right to freedom of movement, drawing inspiration from UDHR principles.

3.3 The International Covenant on Civil and Political Rights (ICCPR) 1966

The ICCPR, to which Nigeria is a party, is a binding treaty that expands the UDHR’s provisions. It guarantees rights such as:

1. Right to life (Article 6);
2. Freedom from torture (Article 7);

• Right to liberty and security (Article 9);

1. Freedom of expression (Article 19);
2. Right of peaceful assembly (Article 21);
3. Right to fair trial (Article 14).

Nigeria ratified the ICCPR in 1993. However, under the dualist system, treaties require domestication through legislation before they can be directly enforced. In Abacha v Fawehinmi (2000) 6 NWLR (Pt 660) 228, the Supreme Court held that undomesticated treaties, including the ICCPR, cannot be enforced in Nigerian courts. This remains a significant limitation, though, record has it that this law has been domesticated by Nigeria in the year 1993.

3.4 The International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966

The ICESCR complements the ICCPR by recognising socio-economic rights, including:

Right to work (Article 6);

Right to just and favourable conditions of work (Article 7);

Right to social security (Article 9);

Right to health (Article 12);

Right to education (Articles 13–14).

Though Nigeria ratified the ICESCR in 1993, socio-economic rights are treated as non-justiciable directive principles under Chapter II of the Nigerian Constitution. This creates a paradox where rights guaranteed internationally are reduced to unenforceable aspirations domestically.

Nevertheless, courts have begun to creatively interpret Chapter II in light of international obligations. In SERAP v FRN (ECW/CCJ/APP/08/09, judgment of 14 December 2010), the ECOWAS Court held that socio-economic rights under the ICESCR are justiciable, compelling Nigeria to provide remedies for violations.

3.5 The African Charter on Human and Peoples’ Rights (ACHPR) 1981

The ACHPR, adopted in 1981 and ratified by Nigeria in 1983, stands out for its integration of civil, political, economic, social, cultural, and peoples’ rights in a single binding treaty. Unlike many other treaties, it was domesticated in Nigeria through the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, LFN 2004.

This makes it directly enforceable in Nigerian courts, as affirmed in Fawehinmi v Abacha. Key innovations include:

1. Recognition of collective peoples’ rights (e.g., right to development, self-determination, and environment);
2. Imposition of duties on individuals to respect others and the community (Articles 27–29);

• Broad definition of rights without derogation clauses, unlike the Nigerian Constitution.

In Ogugu v State (1994) 9 NWLR (Pt 366) 1, the Supreme Court held that Nigerian courts are bound to apply the African Charter because of its domestication.

3.6 The African Court and Commission on Human and Peoples’ Rights

The African Commission on Human and Peoples’ Rights, established in 1987, monitors compliance with the ACHPR. Individuals and NGOs can petition the Commission for violations. Although its decisions are recommendatory, they have persuasive authority.

The African Court on Human and Peoples’ Rights, established under the 1998 Protocol to the ACHPR, has binding jurisdiction. However, Nigeria has not made a declaration under Article 34(6) allowing individuals and NGOs direct access to the Court. This limits accessibility for victims of rights violations.

3.7 The ECOWAS Court of Justice

The ECOWAS Court of Justice has emerged as a strong regional human rights body. Its jurisdiction extends to cases of human rights violations under the African Charter and other instruments. Significantly, access is not limited to States—individuals can directly approach the Court.

In SERAP v FRN (2009), the Court held that the right to education is justiciable, ordering Nigeria to improve education funding and infrastructure.⁴ Similarly, in Musa Saidykhan v The Gambia (2010), the Court awarded damages for torture suffered by a journalist.

The ECOWAS Court’s jurisprudence has been instrumental in expanding socio-economic rights, bridging the gap left by Nigeria’s constitutional non-justiciability doctrine.

3.8 Challenges of International and Regional Enforcement

Despite the existence of robust frameworks, several challenges persist:

1. Non-domestication of treaties (e.g., ICCPR, ICESCR);
2. Lack of political will to comply with international judgments;
3. Resource constraints in implementing socio-economic rights;
4. Limited awareness among citizens regarding regional remedies;
5. Weak enforcement mechanisms of regional bodies, particularly the African Commission.

3.9 Conclusion

International and regional instruments provide vital reinforcement for human rights in Nigeria. While the UDHR, ICCPR, and ICESCR set global standards, the ACHPR and ECOWAS Court offer locally accessible remedies. Nigerian courts’ application of these instruments, especially the domesticated African Charter, has significantly advanced rights protection. However, without stronger political will and greater domestication of treaties, the gap between normative commitments and practical enforcement will persist.

CHAPTER FOUR

CASE STUDIES AND PRACTICAL INSTANCES OF HUMAN RIGHTS ABUSES

4.1 Introduction

Human rights, though universally proclaimed, are often violated in practice. Across the globe, individuals and communities are subjected to arbitrary arrests, torture, extra-judicial killings, censorship, displacement, discrimination, and denial of socio-economic entitlements. Nigeria is no exception, with persistent reports of state and non-state actors breaching fundamental rights.

This chapter examines concrete case studies, focusing on Nigeria, Africa, and the international community. The aim is to underscore the dangers of indifference to rights violations and to highlight the practical consequences of systemic abuses.

4.2 Case Studies in Nigeria

4.2.1 Police Brutality and the #EndSARS Protests (2020).

The Special Anti-Robbery Squad (SARS) of the Nigerian Police Force was notorious for extra-judicial killings, torture, and extortion. The #EndSARS protests in October 2020, led by young Nigerians, highlighted systemic abuses.

A critical incident was the Lekki Toll Gate shooting of 20 October 2020, where soldiers reportedly opened fire on unarmed protesters.¹ The Lagos State Judicial Panel of Inquiry later described the incident as a “massacre” and documented cases of torture and unlawful detention.

This event demonstrated how unchecked state power can culminate in grave violations, reinforcing the need for accountability and vigilance.

4.2.2 Arbitrary Detention and Abuse of Court Orders

Arbitrary detention remains prevalent in Nigeria, often in defiance of judicial orders.

For example, Col. Sambo Dasuki (Rtd.), former National Security Adviser, was detained for several years despite multiple court orders granting him bail.² Similarly, Ibrahim El-Zakzaky, leader of the Islamic Movement in Nigeria, and his wife, were held unlawfully despite favourable judgments.

These instances erode the rule of law and illustrate how indifference to violations normalises authoritarian tendencies.

4.2.3 Freedom of Expression and Press Suppression

Journalists and activists in Nigeria face harassment, censorship, and prosecution. In State Security Service v Agbakoba (1999) 3 NWLR (Pt 595) 314, the Supreme Court reaffirmed freedom of movement and association. However, in practice, dissenters such as Omoyele Sowore, convener of the #RevolutionNow protests, have faced prolonged detention and trial for exercising free expression.

Such cases highlight the disconnect between constitutional guarantees and actual state practice.

4.2.4 Socio-Economic Rights and Forced Evictions

Socio-economic rights, though non-justiciable under Chapter II of the Constitution, are frequently violated in practice. Forced evictions in urban centres such as Maroko (1990) and Otodo-Gbame (2017) displaced thousands without adequate compensation or resettlement.

The ECOWAS Court in SERAP v Nigeria (2010) held that the right to education is justiciable and ordered Nigeria to improve conditions, yet the government’s compliance has been partial.

These examples underscore the dangers of relegating socio-economic rights to mere aspirations.

4.3 Case Studies in Africa

4.3.1 Apartheid South Africa

Apartheid remains one of the most egregious human rights abuses in Africa. The systematic racial discrimination entrenched by law denied black South Africans basic rights to movement, association, and political participation. The eventual dismantling of apartheid in 1994 illustrates how global solidarity and persistent advocacy can dismantle entrenched systems of oppression.

4.3.2 Rwanda Genocide (1994)

The genocide in Rwanda, where nearly one million Tutsis and moderate Hutus were slaughtered in 100 days, is a chilling reminder of the consequences of unchecked violations. Indifference by the international community contributed to the scale of atrocities. The International Criminal Tribunal for Rwanda (ICTR) later prosecuted perpetrators, but the human cost remains a permanent scar on humanity.

4.3.3 Gambia – The Yahya Jammeh Regime

Former Gambian President Yahya Jammeh presided over a regime marked by torture, disappearances, and press suppression. The ECOWAS Court of Justice in Musa Saidykhan v The Gambia (2010) awarded damages for torture inflicted on a journalist. This case underscores the relevance of regional mechanisms in addressing abuses when domestic remedies fail.

4.3.4 Zimbabwe – Land Reform and Displacements

Zimbabwe’s fast-track land reform programme led to widespread forced evictions and economic decline. In Mike Campbell (Pvt) Ltd v Republic of Zimbabwe (2008), the SADC Tribunal held that the programme violated property rights and non-discrimination guarantees. However, Zimbabwe ignored the judgment, reflecting the challenges of enforcing regional human rights decisions.

4.4 Global Case Studies

4.4.1 The Holocaust (1941–1945)

The Holocaust remains one of history’s darkest episodes, where six million Jews were exterminated by Nazi Germany. It directly influenced the creation of the Universal Declaration of Human Rights (1948) and the Genocide Convention (1948), shaping modern human rights law.

It illustrates how indifference to early warning signs of abuse can culminate in mass atrocities.

4.4.2 United States – Civil Rights Movement

In the United States, systemic racial segregation denied African-Americans basic rights until the mid-20th century. The Civil Rights Movement, led by figures such as Martin Luther King Jr., secured landmark reforms, including the Civil Rights Act 1964 and Voting Rights Act 1965.

This demonstrates that persistent activism can transform entrenched systems of injustice.

4.4.3 Myanmar – Rohingya Crisis

The Rohingya Muslim minority in Myanmar has faced persecution, mass displacement, and alleged genocide. In 2019, The Gambia v Myanmar (ICJ) saw the International Court of Justice issue provisional measures ordering Myanmar to protect the Rohingya.

This ongoing crisis exemplifies how international law is increasingly invoked to prevent and redress mass violations.

4.5 Lessons from the Case Studies

Several lessons emerge from these case studies:

1. Indifference breeds impunity: Abuses in Nigeria, Rwanda, and Myanmar escalated because victims were abandoned or silenced.
2. Judicial and regional remedies matter: Courts such as the ECOWAS Court have advanced rights protection where domestic systems fail.
3. Civil resistance and activism are critical: The Civil Rights Movement and #EndSARS show that collective mobilisation can demand accountability.
4. International solidarity is indispensable: Apartheid’s fall and Rwanda’s justice process illustrate the power of global action.
5. Socio-economic rights are as vital as civil rights: Forced evictions and deprivation of education show that neglect of welfare rights undermines human dignity.

4.6 Conclusion

Case studies from Nigeria, Africa, and the wider world reveal that human rights are fragile when citizens and institutions remain indifferent. From apartheid to #EndSARS, the message is clear: to be silent in the face of abuse is to embolden the violator. These examples validate the thesis of this article—that every individual must see themselves as a potential victim of violations, and therefore rise to defend human rights wherever they are threatened.

CHAPTER FIVE

RECOMMENDATIONS AND THE WAY FORWARD

5.1 Introduction

The preceding chapters have demonstrated that human rights abuses are a recurring reality across Nigeria, Africa, and the wider world. From arbitrary detentions to mass atrocities, the lesson is clear: indifference sustains violations, while vigilance dismantles them.

This chapter proposes strategic recommendations at multiple levels—constitutional, institutional, judicial, civil society, and international. The goal is to provide a roadmap for transforming human rights guarantees from paper promises into lived realities.

5.2 Constitutional and Legislative Reforms

5.2.1 Justiciability of Socio-Economic Rights

Chapter II of the 1999 Constitution of the Federal Republic of Nigeria (as amended) contains socio-economic rights (right to housing, education, health, and food) under the Fundamental Objectives and Directive Principles of State Policy. However, section 6(6)(c) renders them non-justiciable.

To bridge this gap:

The Constitution should be amended to make socio-economic rights enforceable, aligning Nigeria with jurisdictions such as South Africa (1996 Constitution), which recognises rights to housing, healthcare, and education.

The courts should embrace progressive interpretation, following the ECOWAS Court’s precedent in SERAP v Nigeria (2010), which held that the right to education is justiciable.

5.2.2 Strengthening Human Rights Institutions

The National Human Rights Commission (NHRC) should be granted binding enforcement powers rather than issuing mere recommendations.

Legislative frameworks should guarantee independence of the judiciary and shield judges from political intimidation.

A ‘Victims’ Rights Act’ should be enacted to codify rights to reparation, rehabilitation, and compensation.

5.3 Judicial and Procedural Reforms

5.3.1 Effective Enforcement of Court Orders

Human rights lose meaning where court judgments are routinely ignored. Cases such as Dasuki v Federal Government of Nigeria reveal systemic disregard for court orders.

To remedy this:

1. Courts should be empowered to impose personal liability on public officials who disobey judgments.
2. A specialised Human Rights Enforcement Division of the High Court should be established, with expedited procedures.

5.3.2 Legal Aid and Access to Justice

The Legal Aid Council of Nigeria requires greater funding to provide free legal representation to indigent victims.

Bar associations, especially the Nigerian Bar Association (NBA), should expand pro bono human rights litigation.

Public interest litigation, as seen in Gani Fawehinmi v Abacha (1996) 9 NWLR (Pt 475) 710, should be actively encouraged to hold power accountable.

5.4 Civil Society and Grassroots Mobilisation

5.4.1 Building a Culture of Resistance

The #EndSARS protests and the Civil Rights Movement in the U.S. show that citizens’ mobilisation is indispensable to rights protection.

Civil society must:

1. Promote human rights education at schools, religious centres, and workplaces.
2. Create community-based watchdog groups to monitor violations and provide immediate reporting channels.

• Establish rapid-response legal teams to secure bail, file habeas corpus applications, and document abuses.

5.4.2 Media and Technology as Tools

1. Independent journalism should be strengthened to resist censorship.
2. Social media should be harnessed for documentation and mobilisation, as seen during #EndSARS and the Arab Spring.

• Digital platforms must include fact-checking initiatives to combat misinformation that often justifies rights violations.

5.5 Regional and International Interventions

5.5.1 Strengthening Regional Mechanisms

1. The ECOWAS Court of Justice has proven pivotal in cases like SERAP v Nigeria and Saidykhan v The Gambia.
2. Nigeria and other African states should fully comply with ECOWAS and African Court decisions, demonstrating genuine commitment.
3. The African Peer Review Mechanism (APRM) should incorporate human rights performance indicators in its assessments.

5.5.2 Global Solidarity and International Law

1. Nigeria should ratify outstanding human rights treaties such as the Optional Protocol to the Convention against Torture (OPCAT).
2. The United Nations Human Rights Council’s Universal Periodic Review (UPR) should be embraced as an accountability tool.

• International partnerships with NGOs (e.g., Amnesty International, Human Rights Watch) should be leveraged to spotlight abuses and provide resources.

5.6 Cultural and Ethical Transformation

5.6.1 Human Rights as Collective Responsibility

1. A major obstacle to rights enforcement is the perception that abuses are only the concern of victims. Society must embrace the ethic that “an injury to one is an injury to all.”
2. Religious leaders, traditional rulers, and opinion shapers should actively preach human dignity as a sacred duty.

• Universities and professional institutes should mainstream human rights curricula in law, political science, medicine, and security studies.

5.6.2 Promoting a Victim-Centred Approach

Every reform should prioritise victims:

1. Victims should be included in truth and reconciliation processes.
2. Compensation funds should be established for victims of police brutality, terrorism, and communal conflicts.

• Rehabilitation programmes should focus on restoring dignity rather than mere tokenistic gestures.

5.7 Key Recommendations Summarised

6. Constitutional Reform: Make socio-economic rights enforceable.
7. Judicial Reform: Enforce court orders and establish special human rights divisions.
8. Institutional Reform: Empower the NHRC with binding authority.
9. Civil Society Action: Strengthen grassroots mobilisation and media activism.
10. Regional and International Compliance: Honour ECOWAS and African Court judgments.
11. Cultural Transformation: Promote human rights as a shared value, not an individual burden.
12. Victim-Centred Justice: Establish reparation and rehabilitation frameworks.

5.8 Conclusion

The way forward in combating human rights abuses lies in proactive reforms, civic vigilance, and global solidarity. The Nigerian legal system, regional mechanisms, and international institutions must converge to build a culture where dignity, freedom, and equality are inviolable.

Most importantly, citizens must internalise the truth that no one is immune from potential abuse. The best safeguard is to act today—through advocacy, litigation, and resistance—before tomorrow makes us the victims we once ignored.

CHAPTER SIX

GENERAL CONCLUSION AND RECOMMENDATIONS FOR FUTURE RESEARCH

6.1 General Conclusion

This study has critically examined the imperative of being vigilant and proactive in the protection of human rights, encapsulated in the metaphor of being a “victim” of human rights abuse—not in the literal sense of suffering violations, but in the sense of owning the struggle as if one were the direct victim.

The journey began by clarifying the concept of human rights, distinguishing between civil and political rights and socio-economic rights, and situating them within the Nigerian Constitution, African human rights instruments, and universal frameworks such as the Universal Declaration of Human Rights (UDHR) and the International Covenants (ICCPR and ICESCR).

The study then examined practical instances of violations—from arbitrary detentions, police brutality, and suppression of dissent in Nigeria, to regional crises such as Gambia under Yahya Jammeh and global atrocities such as apartheid in South Africa and genocide in Rwanda. These instances underscore that human rights violations are not abstract possibilities but lived experiences that thrive when society is indifferent.

Further, the work analysed the jurisprudential responses of courts at national, regional, and international levels, noting progressive developments such as the ECOWAS Court’s bold decisions on education rights, but also highlighting persistent challenges of non-compliance, weak enforcement mechanisms, and political interference.

Most importantly, Chapter Five proposed multi-layered recommendations spanning constitutional reforms, judicial strengthening, grassroots mobilisation, media activism, regional and international cooperation, and a cultural shift towards victim-centred justice. The conclusion is unambiguous: human rights protection cannot be left to victims alone; it is a collective duty of all members of society.

If the law is to remain relevant and the concept of human dignity preserved, then every citizen must see an injury to one as an injury to all.

6.2 Recommendations for Future Research

While this study has attempted to provide a comprehensive overview, there remain areas requiring deeper inquiry:

1. Technology and Human Rights:
2. Future research should explore the impact of artificial intelligence, surveillance systems, and digital governance on privacy rights and freedom of expression.
3. The risks of state and corporate data abuse in Nigeria deserve particular scrutiny.
4. Climate Change and Environmental Rights:
5. The intersection between environmental degradation, oil exploitation in the Niger Delta, and human rights abuses requires more empirical study.
6. Courts could develop a stronger jurisprudence on environmental justice as a human right.
7. Transitional Justice Mechanisms:

Nigeria’s history of military dictatorship, civil war, and communal violence presents a fertile ground for research on truth commissions, reparations, and restorative justice models.

4. Comparative Human Rights Systems:

Comparative studies between Nigeria and jurisdictions like South Africa, India, and Kenya could illuminate strategies for constitutionalising socio-economic rights and strengthening judicial activism.

5. Gender and Vulnerable Groups:

There is a need for deeper research on the rights of women, children, internally displaced persons (IDPs), and persons with disabilities (PWDs).

Intersectional analysis is crucial to understand how multiple vulnerabilities interact to heighten risks of abuse.

6.3 Closing Thoughts

The message of this article is both a call to awareness and a call to action. History teaches us that tyranny thrives when good people remain silent, and that rights are never given freely but won through resistance, advocacy, and solidarity.

If Nigerians and indeed the global community continue to see rights violations as someone else’s problem, then they tacitly prepare the ground for their own victimisation. Conversely, if they rise to defend others—through the courts, civil society activism, grassroots mobilisation, and international cooperation—they fortify the shield of human dignity for themselves and generations yet unborn.

The ultimate safeguard, therefore, is to be that victim of human rights abuse—not by suffering violations, but by standing as though we are directly affected. Only then can we create a society where the rule of law prevails, justice is accessible, and human dignity is non-negotiable.

6.4. References:

1. Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, LFN 2004.
3. Fundamental Rights (Enforcement Procedure) Rules, 2009.
4. Child Rights Act, 2003.
5. Violence Against Persons (Prohibition) Act, 2015.
6. Administration of Criminal Justice Act, 2015.
7. Universal Declaration of Human Rights (1948).
8. International Covenant on Civil and Political Rights (1966).
9. International Covenant on Economic, Social and Cultural Rights (1966).
10. Fawehinmi v. Abacha (2000) 6 NWLR (Pt. 660) 228.
11. Ogugu v. State (1994) 9 NWLR (Pt. 366) 1.
12. Odafe v. Attorney-General of the Federation (2004) AHRLR 205 (NgHC 2004).
13. Social and Economic Rights Action Centre (SERAP) v. Federal Republic of Nigeria (ECOWAS Court, 2009).
14. Amnesty International, Nigeria: Human Rights Concerns (various reports).
15. United Nations Human Rights Council Reports on Nigeria (various sessions).
16. Universal Declaration of Human Rights, 1948, Preamble.
17. See generally: Donnelly, J., Universal Human Rights in Theory and Practice, 3rd edn., Cornell University Press, 2013.
18. Vienna Declaration and Programme of Action, 1993, para. 5.
19. Ojukwu v. Governor of Lagos State (1986) 1 NWLR (Pt. 18) 621.
20. Amnesty International, Nigeria: Criminalisation of Protest, Report, 2021.
21. Okafor, O.C., The African Human Rights System: Activist Forces and International Institutions, Cambridge University Press, 2007.
22. An-Na’im, A.A., Human Rights in Cross-Cultural Perspectives: A Quest for Consensus, University of Pennsylvania Press, 1992.
23. Ransome-Kuti v. A-G Federation (1985) 2 NWLR (Pt. 6) 211.
24. Soering v. United Kingdom (1989) 11 EHRR 439.
25. Social and Economic Rights Action Centre (SERAC) v. Nigeria (2001) AHRLR 60 (ACHPR 2001).
26. Amnesty International Reports (various years); Civil Liberties Organisation advocacy reports.
27. Mbiti, J.S., African Religions and Philosophy, Heinemann, 1969.
28. Martin Luther King Jr., Letter from Birmingham Jail (1963).
29. Section 46(1), Constitution of the Federal Republic of Nigeria 1999 (as amended).
30. Ariori v. Elemo (1983) 1 SCNLR 1.
31. African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap. A9, LFN 2004.
32. Judicial Panel of Inquiry on SARS, Lagos State Government Report (2021).
33. Sahara Reporters v. Federal Government (Sowore Case), Federal High Court, Abuja, 2019.
34. Internal Displacement Monitoring Centre (IDMC), Nigeria Country Report (2021).
35. SERAP v. Federal Republic of Nigeria, ECOWAS Court of Justice (2010–2020 series).
36. ICCPR (1966), Art. 40; ICESCR (1966), Arts. 16–17.

By Amb. Hameed Ajibola Jimoh, Esq. ACArb. (Chartered Arbitrator), MTI Accredited Mediator, CGArb. (Global Peace and Conflict Resolution and Management Expert), FIGPCM, LPC, PC-WCM, FIMC, CMC, CMS, LLM (in view) and Notary Public for Nigeria. Email: hameed_ajibola@yahoo.com

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