Imposition of Curfew and Human Rights Violation : An Evaluation of Section 34 of the Constitution of Federal Republic of Nigeria, 1999 (As Amended)

Abstract

This paper was motivated by the desire to put a spotlight on the increase violation of human rights, particularly the right to the dignity of the human person guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (as amended) in the guise of enforcing observance of curfews by law enforcement personnel. It focused on the legal basis for imposition of curfew in Nigeria and the violation of the right to human dignity by security personnel. The paper aimed at exposing the disequilibrium between imposition of curfew as a means of social protection and exposure of the society to grave danger as a means of social protection and exposure of the society to grave danger as a means of ensuring compliance. It adopted the doctrinal approach alongside analytical and descriptive research types. The paper found that: there is a constitutional basis for imposition of curfews does not derogate the right to dignity of the human person guaranteed by the constitution and that there is a competing interest between enforcement of curfews to protect the society and the protection of citizens dignity during such enforcement. It recommended the constant training and retraining of security personnel on the need to achieve equilibrium between law enforcement and human rights as wells as well as massive education of the public on the right to be treated humanely by law enforcement agents at all times; and reporting cases of human right violation to appropriate authorities such as the National Human Right Commission for redress.