Abstract
Over the years, successive constitutions of the Federal Republic of Nigeria have included in their provisions defence of property as a permissible derogation to the right to life in Nigeria. This defence as exception to the right to life appeared to pay host to debates of scholars as to the propriety of equating killing in defence of property to right to life in Nigeria. This paper was commenced by a careful review of Nigerian law on right to life for the purpose of identifying areas that Nigerian law falls below international benchmark for the protection of the life of human person. It was discovered that the major challenge to the protection of right to life in Nigeria has been the lacunae in the Nigerian law. The provisions of Nigerian constitution with regard to the derogations of right to life fall short of global trend on the protection of right to life. A careful review of the problems shows that there is the need for Nigerian constitution to be amended to delete some limitation clauses on the full realisation of right to life in Nigeria.
Highlights
IntroductionIn order to ensure that Article 55 (c) of the Charter of the United Nations is implemented, the Universal Declaration of Human Rights was adopted and proclaimed on the 10th day of December, 1948 by the United Nations General Assembly
This paper is set to discussing the extent a defence of property can exonerate a person for killing of another in Nigeria
The paper has tried to analyze the extent of defence of property in killing of another under the Constitution of the Federal Republic of Nigeria 1999
Summary
In order to ensure that Article 55 (c) of the Charter of the United Nations is implemented, the Universal Declaration of Human Rights was adopted and proclaimed on the 10th day of December, 1948 by the United Nations General Assembly.. In order to ensure that Article 55 (c) of the Charter of the United Nations is implemented, the Universal Declaration of Human Rights was adopted and proclaimed on the 10th day of December, 1948 by the United Nations General Assembly.5 This was followed by other international treaties and legal instruments for the protection of human rights. The civil and political rights under the Universal Declaration of Human Rights were captured in Nigerian constitutions of 1963, 1979 and 1999 as enforceable rights. Recommendations and conclusion will be drawn at the end of the discussion
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