"THE LIMITATION TO THE FUNDAMENTAL RIGHT TO LIFE IN NIGERIA: AN APPRAISAL
Abstract
This research provides a comprehensive appraisal of the limitations placed upon the fundamental right to life in Nigeria, as enshrined under Section 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). While the right to life is universally recognized as the bedrock of all human liberties, it is not absolute under the Nigerian legal framework.
The study examines the constitutional exceptions that permit the intentional deprivation of life, including the execution of court sentences, the use of reasonable force in self-defense, the suppression of riots, and deaths resulting from lawful arrests or acts of war. Using a doctrinal research methodology, this project analyzes statutory provisions, judicial precedents—such as Onuoha Kalu v. State—and international human rights instruments to which Nigeria is a signatory.
The findings reveal a tension between the constitutional "sanctity of life" and the practical application of force by state actors, often leading to concerns over extrajudicial killings and the slow pace of judicial review. The research concludes that while limitations are necessary for maintaining public order and safety, there is a dire need for legislative reform and stricter judicial oversight to ensure that these exceptions are not exploited. Recommendations include the refinement of "reasonable force" definitions and the strengthening of institutional accountability for security agencies.
Keywords: Right to Life, Section 33, Nigeria Constitution, Capital Punishment, Fundamental Rights, Judicial Appraisal.
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