Right to Life: Exceptions and limitations under Nigerian laws

Generally, right to life is of universal standard. Various international treaties and instruments recognize right to life as an inherent and inalienable right. Equally, under Nigerian laws, right to life is regarded as both human and fundamental right. Notwithstanding this, certain limitations and exception to the right exist.

Under Nigeria constitution (1999 as amended), the right to life is absolute which means that it can’t be deprived of except in the event of war or national emergency. Hence, section 33(1) of the constitution provides:

“Every person has right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offense of which he has been found guilty in Nigeria.”

By virtue of the above provision, right to life, though absolute, has exception and limitations. Where a court pass death sentence on a convicted criminal, right to life can’t overturned such judgement.

Limitations and Exceptions to Right to Life

Heretofore, the provision of subsection 2 of the section 33 further provide for other limitations and exceptions. Thus:

A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as result of the use, of such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary –

(a) For the defense of any person from unlawful violence or for the defense of property.

(b) In order to effect a lawful arrest or to prevent the escape of a person lawfully detained.

(c) For the purpose of suppressing a riot, insurrection or mutiny.

In light of the above provision, provided reasonable force is use, killing in self defense, defense of property, effecting lawful arrest or prevention of escape of lawfully detained criminal, suppressing riot, insurrection or mutiny does not amount to deprivation of right to life.

Summarily therefore, exception and limitations to right to life could be sum up to:

(1) Death sentence in relation to criminal offense.

(2) (a)Death as a result of self defense from unlawful violence, (b)defense of property or (c) defense of others.

(3) Death resulting from effecting a lawful arrest or prevention of escape of person lawfully detained; and

(4) Death resulting from suppressing riot, insurrection or mutiny.