RIGHT TO LIFE AND DEFENCE OF PROPERTY IN NIGERIA: THE CHILD’S RIGHT ACT IN FOCUS

Linda Amarachi OTI-ONYEMA

Abstract


The beginning of life is the beginning of rights and the end of existence, the end of rights. Every human being, irrespective of his age is entitled to live and many other rights of man are contingent upon this right. Against this backdrop, life has been recognized both morally and legally as primordial, fundamental and supreme in the ranking of rights that its violation is met with the stiffest punishment, death in Nigeria. Despite its sacrosanctity, the law permits certain derogations from this right such as in defence of property regardless of age of the victim of this defence. This article understudied the implication of deprivation of life in private defence of property in relation to the child. It is observed that the principal law on the rights of the Child in Nigeria recognized killing in defence of property. The article recommended that section 33 of the Constitution of the Federal Republic of Nigeria and section 3 of the Child’s right Act to the extent that they permit derogation from the child’s right to life in defence of property be abolished.

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