Human rights have declined under democracy – Justice Taiwo

A retired judge of the Federal High Court, Justice Taiwo Taiwo has raised concerns over the deteriorating state of human rights in Nigeria, stressing that the situation has deteriorated more under democracy than during the military. Taiwo stated this as a guest speaker during the 76th International Human Rights Day Conference, organised by the Nigerian Bar Association, Lagos Branch, held at the Nigerian Law School, Victoria Island, Lagos. Speaking on the theme, “Human Rights in Crisis: Addressing the Challenges Facing Nigeria,” Justice Taiwo lamented that despite the transition to democracy, Nigerians’ fundamental rights have continued to be disregarded.

He said, “It is very sad to note that historically, human rights have suffered more under democracy than military rule. While some may disagree with this view, I ask: what has truly changed?” He noted that Nigeria faces numerous challenges in upholding the fundamental rights of its citizens, citing concerns over the role of the courts, law enforcement, and the government. He referenced a 2012 court ruling, Lafia Local Government vs Governor, Nasarawa State, which called for an activist role by courts in protecting individual rights, emphasising that judicial reviews of government actions should be expedited to prevent the trampling of constitutional rights.



He challenged legal professionals to prioritise the advancement of human rights above personal gains, urging them to rise above the pressures of politics and power. “We must look beyond personal gains and work towards realising human rights in line with the Constitution of the Federal Republic of Nigeria,” Taiwo stated. He further lamented the absence of vocal human rights advocates, criticising many who, after gaining prominence or wealth, have abandoned the fight for individual rights.

The judge recalled the efforts of past human rights champions such as Kanmi Ishola-Osobu, Alao Aka-Bashorun, and Chief Gani Fawehinmi, urging current activists to follow their example. Justice Taiwo also reflected on the history of human rights, noting that although the Universal Declaration of Human Rights was adopted by the United Nations in 1948, much work remained to ensure that these rights are universally upheld. He highlighted key international instruments like the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child as important frameworks in the fight for human rights.

Addressing global trends, Justice Taiwo remarked that human rights are in crisis worldwide, with increasing inequality, political instability, and the rise of authoritarian regimes threatening the rights of vulnerable populations. He stressed that while constitutional provisions exist to safeguard human rights in Nigeria, enforcement remained a significant challenge, particularly when fundamental rights were violated by law enforcement agencies, the judiciary, and even the government. “The rights to life, liberty, and security are fundamental and non-negotiable,” he declared.

“It is imperative that all stakeholders—lawyers, judges, and citizens—join hands to ensure these rights are protected for the betterment of our society and future generations.” In his remarks, a prominent activist, Senator Shehu Sani, reflected on Nigeria’s human rights landscape, drawing comparisons between the struggles during military rule and under the current democratic government. Sani’s speech highlighted the ongoing challenges Nigerians face in terms of freedom of expression, security, and justice, adding that violations are more pervasive now than they were during military rule.

Sani recounted his personal experiences as an activist during the military era. He shared harrowing tales of imprisonment and the resilience of those who stood up against the oppressive regime. “Many of us were arrested, many were sentenced to long prison terms, some of us never made it out alive,” he said, emphasizing the sacrifice made by human rights defenders of the past.

Sani lamented the present-day challenges, particularly the increasing attacks on activists, the silencing of dissenting voices, and the growing power of terror groups like Boko Haram and bandits. He spoke of the pervasive climate of fear in which individuals are hesitant to criticize government officials or speak out against human rights abuses for fear of retribution. Despite the struggles, Sani pointed to the critical role of activists in maintaining a voice for the marginalized.

He noted the loss of the robust activism seen in the 1980s and 1990s, noting that the current generation is more focused on entertainment and consumerism rather than political resistance. “We have seen a shift in values, and today’s youth are not as engaged in the fight for democracy as their predecessors were. “However, the battle for human rights and justice is not over.

We must continue to push for accountability, fight for the release of political prisoners, and demand a society where citizens can freely express themselves without fear.” Sani’s remarks also touched on the complicity of political leaders, warning that many current government officials—despite being democratically elected—are still perpetuating the same patterns of oppression seen during military rule. He urged citizens to hold their elected representatives accountable, saying, “When you see wrong, do not stay silent.

Speak up, for the people in power will not change unless we force them to.” On his part, Professor Ademola Popoola, an academic, urged Nigerians to adopt a broader and culturally inclusive approach to human rights issues. Related News Gov advocates stronger democracies in Africa LG polls, mockery of democracy Zamfara laments rise in human rights violations Speaking at a human rights forum, Popoola highlighted the complexities of human rights in the global and Nigerian context, stressing the need to reconcile international standards with local realities.

“Human rights debates in the Western world are ongoing, particularly on liberal rights,” Popoola said. “But for many Asian and African societies, some aspects of these rights are seen as cultural imperialism.” The professor argued that Western liberalism, often tied to human rights, is not universally accepted.

“The connection between human rights and liberalism is significant but not absolute. For instance, in some parts of Asia, certain rights are viewed differently due to cultural and social dimensions,” he explained. Popoola emphasised the intersection between human rights and emerging issues like climate change, children’s rights, and business ethics.

He noted that climate change disproportionately affects vulnerable populations, adding, “The impact of climate change on human rights cannot be ignored, as it threatens basic rights like access to food, water, and shelter.” He also criticised the lingering colonial state structure in African nations, including Nigeria, which he described as anti-democratic. “The colonial state was designed as an organised force for colonisation, and unfortunately, this structure has not changed significantly since independence,” Popoola said.

He argued that post-independence leaders have perpetuated the colonial model by exploiting state power for personal gain. “The state remains a formidable threat to the majority, serving only the interests of a privileged few,” he said. Touching on gender inequality, Popoola highlighted disparities in political participation, employment, and access to education.

“Women face multiple layers of inequality, from the household to professional spaces. It is time to address these injustices,” he asserted. Popoola also criticised the lack of social security systems in Nigeria, noting that millions of citizens live in deplorable conditions.

“We focus so much on national security while neglecting social security. Thousands of women and children live without necessities like housing and food,” he lamented. On democracy, Popoola expressed concern over the failure of democratic systems to bring about meaningful social change.

Democracy is more than a political system; it is a way of life that requires continuous social transformation,” he said. The academic further called for a more inclusive and actionable approach to human rights in Nigeria. “The Constitution guarantees fundamental rights, but these rights remain meaningless for millions living below the poverty line.

We must prioritise creating an environment that supports the realisation of these rights for all,” he urged. In his presentation, Mr Ahmed Raji (SAN) stated that the major challenge facing Nigerians today is hunger, adding that poverty has taken firm root in the country to the extent that the middle class has almost disappeared. According to him, with acute poverty, most Nigerians will neither recognise their human rights nor the means to enforce the rights.

He said, “Human rights abuse has become endemic in Nigeria. This is given the fact that individuals, groups and State actors are complicit in this vicious circle. In the recent past, human rights violations and abuses have held our people down, devaluing our cherished values and constituting a blight on our diplomatic relations with the rest of the world.

“The rights will remain on paper and for academic debates. I dare say that without adequate economic power, citizens will throw away their human rights either knowingly or unknowingly.” Earlier in his welcome address, the Chairman of the NBA Lagos Branch, Mr Olabisi Makanjuola, highlighted the importance of the event as a platform for reaffirming the collective commitment to human rights amidst the challenges currently facing Nigeria.

Makanjuola described human rights as foundational to dignity, equality, and freedom, and stressed that these rights are increasingly under threat from various crises, including insecurity, economic inequality, and human rights abuses such as arbitrary detentions and suppression of free speech. “The challenges we face are daunting,” Makanjuola said. “This conference is an opportunity to reflect on the state of human rights in Nigeria and to develop actionable strategies to address these crises.

” Makanjuola praised the work of the NBA Lagos Branch’s Human Rights Committee, led by Vice Chairman Mrs. Esther Jimoh, highlighting their efforts to provide pro bono legal services and work with the Police Duty Solicitor Scheme to protect the rights of individuals in police custody. As the conference coincided with International Human Rights Day, Makanjuola called for urgent collective action to safeguard the fundamental rights of all Nigerians.

He emphasised that the rule of law must be strengthened and that the voices of the oppressed and marginalized must be heard. “As we engage in today’s discussions,” he concluded, “we must remember that the rights to life, liberty, and dignity are non-negotiable, and it is our collective responsibility to protect these rights for all Nigerians,” he said. The event brought together prominent advocates, who spoke on creating a more just and rights-respecting society in Nigeria.

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