Towards a Constitutional Entrenchment of the Right to the Security of Persons in Nigeria

Abstract

In the last decade, the Nigerian state has become a serious security risk for the lives and property of citizens, who have become vulnerable to kidnapping, terrorism and insurgency attacks. The unabated insecurity situation interrogates the ability of the Nigerian state to perform its primary obligation of protecting citizens’ lives and properties Persons are unable to enforce their right to security of persons due to gaps in the legal framework. Relying on doctrinal research method and social contract theory, this study examined the Constitution to determine whether there are grounds for the enforcement of the right to security of persons. It found that although the right to life, right to personal liberty, right to dignity of the human person are similar to the right to security of persons, they do not offer sufficient protection for the current security challenges. The African Charter on Human and People’s Rights contains the right to the security of persons as an individual and collective right and is enforceable in Nigeria by virtue of its ratification and domestication in Nigeria. However, it is not a constitutional right, suggesting the need for constitutional amendment to entrench a distinct right to the security of persons in Nigeria.