Know Your Rights (KYR)

One of the serious but often overlooked societal vice which threatens people's rights is assault. Basically, you have the right to live your life without fear of unlawful physical violence or intimidation. Several human rights intertwine to offer protection to the common man from assault. In our discussion today, we will analyse 2 major aspects of assault, namely:  1) battery, 2) threats & intimidation. 1) Battery in this context can also be referred to physical assault (we ain't talking about 'tiger' batteries now). Where Mr. A strikes, touches, moves or applies force in any other way to Mr. B without Mr. B's consent, Mr. A has committed battery or physical assault. Sometimes, even when Mr. A does any of the above to Mr. B with Mr. B's consent, it will still be deemed assault if Mr. A's actions are not justified, excused or authorised by law. This therefore means that a wide range of violent physical activities which are common in our socie...

Very quickly let's talk about tenancy rights, that is, the rights of landlords & the rights of tenants. Landlord's rights: 1) the right to be paid rent, 2) the right to recover his property at the end of the tenancy, 3) the right to have his property maintained in good condition by the tenant, 4) the right to have the tenant pay bills & rates imposed on the property such as electricity bill, water bill etc, 5) the right of protection of his title of ownership from being challenged by the tenant,  6) the right of protection of the rented property from being altered without his consent, 7) the right to inspect the rented property upon giving reasonable notice, 8) the right to protect his reversionary interest in the property, 9) the right to have the tenant abide by the terms & conditions of the tenancy. Tenant's rights: 1) the right to quiet & peaceful enjoyment of the property without disturbance even from the landlord, 2) the ...

Negligence is a very important issue that cuts across so many aspects of our daily lives & seriously affects our rights. But interestingly, although this area of law is rampant yet it is often overlooked. Negligence in law can simply be defined as the omission to do something which a reasonable person (under similar circumstances) would do, or the doing of something which a reasonable person would not do. To establish negligence in law you must show that: 1) someone owed you a 'duty of care', 2) that person breached that duty of care, 3) and you suffered damages or losses as a result of that breach. 1) A duty of care is simply the duty we all owe each other to be careful so that our actions do not injure or harm another person. It does not matter if you know the person or the person is far away from you. Whenever your conduct can potentially injure another person or persons, then you owe that person or persons a duty of care, i.e. a duty to be careful. 2)...

Earlier I did mention that I will talk about wills in details later so here we go. The issue of wills is important to human rights because it deals with the rights of persons to transfer ownership of their properties to any beneficiary of their choice & the right of those beneficiaries to acquire ownership of both the moveable & immoveable property that has been willed to them. Considering the facts & practices prevalent in Nigeria & indeed the world as a whole, the importance of wills cannot be over-emphasized. And now to our discussion proper. First of all inheritance is a tricky but very important issue. Generally, the intention of every person is to pass on his/her possessions to his/her loved ones. Most times this becomes very difficult due to the fact that many persons are always interested in these possessions especially when the owner dies. Unless properly handled, persons who the owner never intended to inherit his/her properties usually oppress the deceas...

On this episode, let's talk about the rights of persons in relation to their banks. In other words, what rights accrue to you as a customer of your bank. I'm just going to highlight a few points so for more details consult your lawyer. The first right we are going to talk about is your right to privacy. This particular right is actually constitutional. What it entails is that as a customer of a bank, you have the right to be afforded privacy by your bank with regards to the contents & transactions of your account. There have been multiple tales of bank staff disclosing information about clients' accounts to outsiders & this is totally illegal. The only legal means of obtaining information about a person's bank account is through a court order. The second right I want to talk about is the issue of unauthorized transactions. This could be in the form of a withdrawal or transfer or other transaction from your account without your authorization. Such acts a...

Let's quickly talk about the right of individuals to own immovable property, that is, land & structures erected on land. To do justice to this topic I'll be analysing this right from 3 perspectives: 1) right to acquire land (which I'll be discussing last), 2) right to protect your land ownership, 3) right to compensation in the event of a compulsory acquisition. Starting from no. (2) above, every land owner has the right to protect his/her land from both: unlawful intruders/trespassers & people making adverse claims of ownership (that is other persons who are claiming ownership over your land). The proper way to enforce this right is through the court system & not by resorting to self-help or physical aggression as that would likely create more problems than it would solve. For no. (3) above, every land owner whose land is compulsorily acquired by the government is entitled to adequate compensation. Now the few points to be noted here are: a) th...

Let's discuss another common legal issue namely the rights of a person during police investigation. It will not be exhaustive but I'll try to cover the basics. So the first thing we should all note is that people have the right to report crimes to the police & the police has the right to investigate such crimes. In the course of investigation, the police also has the right to invite a person to the station for questioning or effect an arrest or search a person's premises. It is advisable that as patriotic citizens, one should cooperate with the police in their investigations with the guidance of his/her lawyer. Like the learned Justice Stephen Adah said; "I do believe that in a civilized country such as ours, maintenance of law & order should be the focus of all of us citizens. When an allegation of financial crime or any crime is raised against any person, it is in the person's interest for the allegation to be thoroughly investigated & dealt with...

In this episode of KYR I'll briefly be summarizing your right to have access to the courts, in other words, your right to sue or defend yourself if sued. This right to a very large extent is the bedrock of every other right because if you can't go to court, then how else are you going to enforce all your other rights lawfully? The only other option would be to use force & resort to self-help in which case things are bound to get really ugly & messy. Who knows, you might even get severely dealt with by the person who wronged you. So it's highly advisable you go to court to air ur grievances & get justice. Without further ado, the first thing you need to know is that your right to go to court is enshrined & guaranteed by the Constitution itself which is like the boss of bosses when it comes to the hierarchy of laws in Nigeria. The implication of this is basically that no one can stop or hinder you from going to court to settle your issues except in few ex...

We have been talking about different strands of human rights but at this juncture I feel it's important to talk about certain factors that could act as barriers to a successful enforcement of your rights. I feel this topic is necessary because sometimes victims of human rights violations unknowingly do or omit to do certain things, & when they later try to enforce or protect their rights they then discover that their earlier actions or omissions have robbed them of the opportunity to do so. This won't be exhaustive but just a brief overview so consult your lawyer for more information. Firstly, let us understand that the rights of every Nigerian citizen can be broadly classified into 2 groups:  1) fundamental rights - which are those rights that are clearly stated in chapter IV of the Constitution, & 2) other rights - which, although not contained in the Constitution, are still potent rights capable of being enforced. These include: economic rights, social right...

Another prevalent issue in our society is that of debt recovery. Unsurprisingly, there are a lot of challenges in this area which often  result in human rights issues. Therefore it's important to be well guided to avoid suffering or unknowingly inflicting human right violations because ignorance is no justification in the eyes of the law. In the context of our discussion today, a loan is simply money given by one person (called the creditor) to another person (called the debtor) for temporary use, to be repaid with or without interest. Usually, there are 2 kinds of creditors/lenders, namely: 1) commercial money lenders who are registered under the money lenders Act & carry on money lending activities as their official business. Examples are banks & some co-operative societies. 2) Private creditors who are just ordinary people or organisations that lend money based on personal or other reasons & not as a regular commercial activity. Both classes of creditors ar...

Often times  people say things about each other which are quite distasteful. Based on this I have decided to talk about the law of defamation with a view to shed more light on what the law says about this very interesting topic & ways by which the law seeks to protect the reputation of people from unreasonable verbal/written attacks. Defamation simply means to damage the image/reputation of a person using written or spoken statements. It could be in either of two forms: libel (where it is written or printed) & slander (where it is expressed orally). The law of defamation exists to protect people against unjustified attacks on their integrity & good name. To establish defamation:  1) the words used must be defamatory or damaging either directly (in their primary meaning) or indirectly (in their secondary or alternate meaning) in the opinion of reasonable members of society & not just in the opinion of the victim of the defamation. 2) The words must ...

First up, lets talk about false imprisonment which popped up from what I was reading today. False imprisonment is simply the unlawful & unjustified hindrance or obstruction of a person's right to move freely. It is also compelling someone to remain in a place against his will without lawful justification. This area of law is guaranteed by sections 35 & 41 of the Constitution which give every Nigerian the right to have their personal liberty or freedom & the right to move freely anywhere in Nigeria. To establish false imprisonment, the victim MUST NOT necessarily be confined in a prison or cell but it could happen anywhere even in public places. It may not involve the use of force but there must be some form of restraint or hindrance which must be total in the sense that there is no reasonable means of escape. And most importantly, the act must be done without any lawful justification. Where for instance a person is caught committing a crime & is detained,...