By Femi Falana
Part three of this piece published on Monday concluded with a reference to the Violence Against Persons Act passed into law to eliminate violence in private and public life, among others.
The content of the Act is rich in its provisions as it covers most of the prevalent forms of violence in Nigeria today ranging from physical violence; psychological violence; sexual violence; harmful traditional practices; and socio-economic violence.
Under the VAPP Act, rape, spousal battery, forceful ejection from home, forced financial dependence or economic abuse, harmful widowhood practices, female circumcision or genital mutilation, abandonment of children, harmful traditional practices, harmful substance attacks such as acid baths, political violence, forced isolation and separation from family and friends, depriving persons of their liberty, incest, indecent exposure and violence by state actor (especially government security forces) among others are punishable offences.
In the case of Nigerian Bar Association v Inspector-General of Police, the claimant questioned the legality of the dismissal of a police woman who became pregnant when she was not married. The Federal High Court struck out the case on the ground that the police regulation under which she was dismissed is not unconstitutional.
It is doubtful if the attention of the learned trial judge was drawn to the case of Women Empowerment and Legal Aid, WELA, v Attorney-General of the Federation, in which the plaintiff challenged the constitutionality of Regulation 124, which required a female police officer to seek security clearance of her finance before marriage and that she could not marry until after three years in the service. Adah J. (as he then was) found both Regulations discriminatory, unconstitutional and in breach of section 42 of the Constitution and Article 2 of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
Right to education: There are many laws and policies formulated by government so that there are equal and adequate educational opportunities at all levels. Apart from promoting science and technology government is obligated to eradicate illiteracy; and to this end government shall as and when practicable provide (a) free, compulsory and universal primary education; (b) free secondary education; (c) free university education; and (d) free adult literacy programme.
The Child’s Rights Act and the Compulsory, Free Basic Education Act have imposed a duty on the government to provide free and compulsory education for every child in the country. But due to the negligence of government not less than 16 million children had dropped out of school before the attack on schools by terrorists. Nigeria is said to have the largest number of out of school children in the world. Hence, the SERAP and LEPAD have approached the courts for legal redress.
In Dr. Olisa Agbakoba, SAN v Attorney General of the Federation, AGF, and Anor, the Federal High Court declared as unconstitutional the decades-long state-based, quota system admission into federal government colleges, also known as unity schools.
The trial Judge, John Tsoho J., in a ruling on the disparity in admission declared that the action of the Minister of Education in prescribing and applying different requirements for candidates seeking admission into Unity Schools is in violation of Section 42(1) of the 1999 Constitution. The court eventually directed the Minister of Education to apply uniform admission requirements, especially cut-off marks, to all candidates seeking admission into the Unity Schools.
In Legal Defence and Assistance Project, LEPAD, v. Federal Ministry of Education, Tsoho J. (as he then was) held: “Having been guided by the pronouncements of the Supreme Court in the case of AG, Ondo State v. AG Federation(supra) I hold that with the enactment by the National Assembly of the Compulsory, Free, Universal Basic Education Act, the specific provisions covered by the Act have become justiciable or enforceable by the Courts”.
Consequently, the Court declared that the Federal and State governments are under constitutional obligations to provide financial institutional resources for free, compulsory and universal primary education to junior secondary school education for all qualified Nigerians in fulfillment of constitutional obligation under Section 18(3)(a) of the 1999 Constitutional and Section 2 of the Compulsory, Free, Universal Basic Education Act.
The foreign policy objectives of the government: Since Africa is said to be the cornerstone of the foreign policy of Nigeria the Government is required to promote African integration and support for African unity. Furthermore, government shall promote international co-operation for the consolidation of universal peace and mutual respect among all nations and elimination of discrimination in all its manifestations; respect for international law and treaty obligations as well as the seeking of settlement of international disputes by negotiation, mediation, conciliation, arbitration and adjudication; and promote a just world economic order.
Government enacted the Technical Aid Corps to establish the Nigerian Technical Aid Corps, among other things, to share Nigeria’s know-how and expertise with other African, Caribbean and Pacific countries and matters connected therewith. On an annual basis, Nigerian professionals are sent to needy African, Caribbean and Pacific countries by the Federal Government..
Section 20-Right to Environment: Pursuant to the obligation to protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria the government has enacted the National Environmental Standards Regulations Agency and National Oil Pollution Agency. Both laws provide that all international conventions, treaties, protocols and agreements on environment shall be applicable in Nigeria.
In Adediran & Anor. v Interland Transport Ltd, the Supreme Court held that the restriction at common law whereby actions based on a public nuisance could only be instituted by the Attorney-General himself, or in his nominal capacity as a relator to those affected, was null and void, such restriction being in direct conflict with Section 6(6)(b) of the Constitution 1999.
In John Gbemre v Shell Petroleum Development Corporation & 2 Ors, the court ruled that the Associated Gas Reinjection Act and (Continuing Flaring of Gas) Regulations of 2984 which allowed flaring of gas were illegal as they violate the right to life and dignity of human person guaranteed by sections 33 and 34 of the Constitution and articles 4, 5, and 24 of the African Charter Act.
To be concluded…
Falana, a Senior Advocate of Nigeria, wrote from Lagos
VANGUARD
