MAKING A CASE FOR THE EXPANSION THE SCOPE OF APPLICATION OF RIGHT TO LIFE IN NIGERIA

Abstract

Right to life is very crucial and it is the most important fundamental
human rights. This is because one need to be alive in order to enjoy
other rights accruable to him. The right to life is enshrined in the
Nigerian Constitution just like the constitutions of some other
countries and also under different international instruments. Right
to life creates both positive obligations on the government to
ensure that adequate steps are taken to ensure the protection and
enjoyment of right to life of the people and also negative obligations
not to take steps to perform acts that will take or deprive anyone of
his right to life. This research examined the right to life with a view
of making a case for expansion of the scope of its application in
Nigeria. The research employed doctrinal research methodology,
sourcing primary data from Nigerian Constitution and other statutes
(local and foreign), and case laws. The research also obtained
secondary data from internet materials and journal articles. The
research found that the scope of right to life is expansive and
accommodates both the positive and negative obligations on the
part of government and recommended that litigants, lawyers and
courts in Nigeria should pursue the expansion of the scope of
application of the right to life to encompass failure of government to
perform the positive obligations expected of them.
Keywords: Fundamental Human Rights; Human Rights; Right to Life;
Positive Obligation; Negative Obligation.